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Construction Litigation Dispute Resolution

Both newer and seasoned litigators will benefit from expert advice on dealing with the multitude of participants and issues in the construction process from many of the authors of the IICLE Construction Dispute Litigation handbook (2018 edition). Utilizing a complex hypothetical, learn about issues unique to construction litigation, including acceleration and delay, commercial defects, disruption/loss of productivity, and construction accidents. Understand how to more successfully handle insurance issues and special defenses, work with experts/consultants, and recover damages.
  • Credits: 5 General, 0 Diversity/Inclusion PR, 0 MH/SA PR, 1 Other PR
  • Product ID: P1814-18U
  • Original Program Date: 12/12/2018
  • Formats:
    • Audio Download
    • e-learn
    • DVD

Description

Recorded: December 12, 2018

 Moderator: Lorence H. Slutzky, The Law Office of Lorence H. Slutzky, Ltd., Glenview

It’s about the Contract – Critical Clauses and the Impact on Liability
Lorence H. Slutzky, The Law Office of Lorence H. Slutzky, Ltd., Glenview

Personal Injury Litigation
Explore personal injury claims arising out of construction projects and consider the exposures of contractors, construction managers and design professionals.  Learn about derivative rights of action held by original defendants for personal injury claims arising out of construction projects along with third party rights of action against employers under Illinois’ Contribution Among Joint Tortfeasors Act.
Douglas J. Palandech, Foran Glennon Palandech Ponzi & Rudloff PC, Chicago

Construction Defects Litigation
Learn how to prosecute and defend construction defect claims. From preserving claims and defenses during the investigation and repair of construction defects, to the disclosure and presentation of expert opinions, this session will address the differences between correction and warranty obligations under typical construction contracts and between ongoing and completed operations claims.  Express warranties, implied warranties, damages, defenses, and the impact of various waivers and limitation defenses upon latent and patent defects will also be discussed.
Samuel H. Levine, Bryce Downey & Lenkov LLC, Chicago
Justin L. Weisberg, Schuyler, Roche & Crisham, P.C., Chicago

Design Professional Liability Exposure
Explore the legal and contractual factors that determine architect and engineer liability exposure, including how design professionals face risks unique from other project participants.
Jeremy S. Baker, Schiff Hardin LLP, Chicago

Changes: Performance, Completion and Compensation
Learn about duty to perform changed work and compensation-based refusals, unauthorized extra work, constructive change orders, the cardinal change doctrine, failure to perform essential duties, late notice of claims for changed work, accord and satisfaction and requests for additional compensation after change orders are signed.
Timothy R. Conway and John S. Mrowiec, Conway & Mrowiec, Chicago

Insurance: Coverage for Construction Defects and Who Wants to be an Additional Insured?
(0.25 hours Professional Responsibility credit)
Understand the current differences between the federal courts’ and Illinois courts’ opinions regarding construction defect coverage.  Learn about the recent AIA documents requiring insurance as well as specific requirements forand ethical dilemmas involving additional insureds.
Geoffrey A. Bryce, Bryce Downey & Lenkov LLC, Chicago

Special Defenses in Construction Litigation
Defenses to construction claims draw generally from a number of basic legal areas, including contracts and torts. In a number of contexts, however, statutes and appellate courts have established defenses, limitations of liability, and immunities unique to construction claims. Moreover, litigation over industry-form agreements has created a body of law interpreting common phrases and provisions in those forms and cloaking those provisions with established legal meaning. Learn about defenses and doctrines unique to the construction context and develop a checklist for defenses to construction claims. 
Ryanne Bush Dent, Michael Pisano, and Eric L. Singer, Ice Miller LLP, Lisle

Construction Damages: What Can You Recover?
Get insight into the different types of economic and non-economic losses that can arise in a construction defect dispute, including direct damages, consequential damages, liquidated damages and attorney’s fees, and the legal theories that facilitate recovery of those damages.
Adam L. Gill, Duane Morris LLP, Chicago
Eric A. Berg, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Chicago

Ethical Considerations of Common Representation
(0.75 hours Professional Responsibility credit)
Learn about relevant ethical standards and rules implicated in connection with the representation of multiple clients within a construction project and the use of common interest or joint defense agreements in connection with that representation.
Jeffrey B. Charkow, Harris Winick Harris LLP, Chicago

Materials

Available only for members that have purchased this product.

  • Click Here to Download Audio Files
    Construction Litigation Dispute Resolution
  • Program Materials
    Construction Litigation Dispute Resolution
e-learn
SKU: P1814-18E
$299.00

DVD
SKU: P1814-18D
$299.00

Audio Download
SKU: P1814-18A
$299.00

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