Construction Law

KS Specific

Kansas Construction Law: Advanced Issues and Answers

Credits Available
Credit Status Total
Kansas CLE Approved 7 Total
Missouri CLE Approved 6 Total
OnDemand
5 hours 55 minutes
Matthew Menghini
Lucas Ude
With Matthew D. Menghini from McCarthy, Leonard & Kaemmerer, L.C. + 1 other
Recorded May 27, 2025.
Product ID 100070

Buy This Course

Course Includes
$389

OnDemand Video

Course Book Download

or
Upgrade to Unlimited CLE and Get This Course
$129/month
All Inclusive CLE subscribers save an average of $3,000/year on CLE costs.

Overview

An Advanced-Level Guide to Complex Construction Law Issues

On any construction project, seemingly simple issues can quickly become complex if not handled correctly. That's why it's essential to have an in-depth understanding of critical construction project legal matters that have the potential to cause severe headaches for your clients. In this advanced level online seminar, our experienced faculty will share their decades of construction law experience and will provide you with valuable tools you can use to help your clients through change order disasters, project delay disagreements, construction defect disputes, and more. Provide your clients with the best representation possible by expanding your knowledge of complicated construction project issues - register today!

  • Anticipate which construction contract provisions will cause difficulties down the road in order to negotiate them in your client's favor.
  • Disentangle complex change order payment matters that arise from oral change orders, additional work, and more.
  • Confidently determine which construction project delays are compensable and which are non-compensable.
  • Factor in current court interpretations and state anti-indemnity statutes when wading into a construction indemnity dispute.
  • Analyze CGL policy insurance documents to accurately determine who is actually covered under the policy.
  • Get to the bottom of construction defect CGL policy coverage issues such as business risk exclusions and proving defective coverage is an occurrence.
  • Ensure interactions with unrepresented parties during construction disputes are ethically responsible.

Abbreviated Agenda

  1. Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points
  2. Change Orders and Extra Work - Payment Issues Disentangled
  3. Determining Responsibility and Remedy for Delays
  4. Indemnification Disputes - What is the Scope and Meaning of the Contractual Clause?
  5. Determining Who is Insured Under Commercial General Liability Policies
  6. Coverage for Construction Defects Under CGL Policies
  7. Negotiating Damages in Construction Disputes
  8. Ethics for Construction Attorneys

Related Topics

Product ID 100070

Credit Details

Credits Available
Credit Status Total
Kansas CLE Approved 7 Total
Missouri CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points

    1. Payment Clauses
    2. Pass-Through Clauses
    3. No Damage for Delay Clauses
    4. Performance and Timing Clauses
    5. Project Termination Clauses
    6. Liquidated Damages Clauses

  2. Change Orders and Extra Work - Payment Issues Disentangled

    1. Real vs. Perceived Changes
    2. Undocumented Oral Change Orders
    3. Changes Due to Defective Plans and Specifications
    4. Previously Unknown Site Conditions
    5. Additional, Unauthorized, or Non-Conforming Work
    6. Change by Outside Forces: Market Shifts, Zoning Issues, etc.
    7. Change Order Impact Costs

  3. Determining Responsibility and Remedy for Delays

    1. Excusable vs. Inexcusable Delays
    2. Compensable vs. Non-Compensable Delays
    3. Untangling Concurrent Delays
    4. Necessary Documentation
    5. Drafting a Recovery Schedule
    6. Applying a Waiver or "No Damage for Delay" Clause

  4. Indemnification Disputes - What is the Scope and Meaning of the Contractual Clause?

    1. Types of Indemnity Clauses
    2. Detecting Illegal and Unenforceable Language
    3. How Courts Construe Indemnity Clauses
    4. Factoring in State Anti-Indemnification Statutes
    5. Determining Duty to Defend

  5. Determining Who is Insured Under Commercial General Liability Policies

    1. The Certificate of Insurance
    2. The General Contractor as a Subcontractor's Additional Insured
    3. The General Contractor as an Additional Insured on the Duty to Defend
    4. The Most Common Additional Insured Endorsements

  6. Coverage for Construction Defects Under CGL Policies

    1. Treating Defective Construction as an Occurrence
    2. Business Risk Exclusions and Subcontractor Exception Removal
    3. Avoiding the Known Risk Provision
    4. Voluntary Remediation and the "Legally Obligated" Requirement
    5. The Total Pollution Exclusion - How Total is it?

  7. Negotiating Damages in Construction Disputes

    1. Distinguishing Direct and Consequential Damages
    2. Calculating Acceleration Damages
    3. Reducing Damages by Claiming Betterment
    4. Non-Monetary Remedies to a Construction Dispute
    5. Preserving Business Relationships While Negotiating Damages

  8. Ethics for Construction Attorneys

    1. Client Authority
    2. Contractual Claims for Attorneys' Fees/Expenses
    3. Dealing With Unrepresented Persons
    4. Ethical Concerns as "Attorney for the Project"

Who Should Attend

This advanced level online seminar on complex construction law issues is for:

  • Attorneys
  • Architects
  • Construction Professionals
  • Engineers
  • Insurance Professionals
  • Real Estate Developers
  • Paralegals

Speakers

Matthew D Menghini
Matthew D.
Menghini
McCarthy, Leonard & Kaemmerer, L.C.
Lucas J Ude
Lucas J.
Ude
Watters Wolf Bub Hansmann
Speaker bio
Matthew D Menghini

Matthew D. Menghini

McCarthy, Leonard & Kaemmerer, L.C.
Matthew Menghini

is a partner with the Chesterfield, Missouri law firm of McCarthy, Leonard & Kaemmerer, L.C. He concentrates his practice almost exclusively on construction matters. Mr. Menghini represents contractors, owners, architects, engineers, and manufacturers in a wide variety of complex matters, and represents many of the larger prime contractors in the St. Louis area. His practice is about evenly split between contract preparation and negotiation, day to day dispute resolution, and litigation and ADR proceedings. Mr. Menghini has extensive experience in handling delay claims, changed conditions claims, change order disputes, defect claims, payment disputes, and mechanic's lien and payment bond claims. Mr. Menghini earned his J.D. degree from Washington University.

View full profile
Speaker bio
Lucas J Ude

Lucas J. Ude

Watters Wolf Bub Hansmann
Lucas Ude

is a trial lawyer that concentrates his trial practice in defending his clients in high stakes and complex class actions, insurance coverage and insurance bad faith litigation. He has successfully defended clients in lawsuits throughout Missouri, Illinois and Kansas and successfully represented clients in the filing of Declaratory Judgments and Interpleader actions to obtain timely resolutions of contested coverage and damage issues. The foundation of Mr. Ude's success is his thorough preparation and straight forward approach both in the court room and in recognizing and briefing dispositive legal issues involved in complex litigation. As a result of his success and professional experience in the area of insurance coverage and bad faith, he is retained by insurance carriers to represent and advise them in all stages of pre-suit claim handling and litigation, including claims involving coverage disputes, bad faith liability and extra contractual exposure. In a recent complex class action filed in the U.S. Eastern District Court, Missouri, Mr. Ude obtained a dismissal of the action by filing a comprehensive summary judgment on the substantive underlying legal issues, effectively ending the multimillion-dollar class action when the plaintiff dismissed the case. He earned his B.S. degree Southern Illinois University and J.D. degree, cum laude, from Saint Louis University School of Law.

View full profile
Loading recommendations...

TOP FAQs

How do I access my courses?
Courses are available within your account. Simply login to your account and click on My Courses. If you require additional assistance please call our Customer Service Department at 800-930-6182.
Do you have options for attendees who are deaf or hard of hearing?
Closed captioning is available for all Live Webinars. After you've joined the event room, you can enable closed captioning by clicking the "cc" button in the lower right of the player.
What happens if my course is cancelled?
In the unlikely event that NBI cancels or reschedules an upcoming program, each registered attendee will be contacted via email by a representative of NBI. Outreach to attendees begins as soon as NBI is made aware that a program will not move forward at its originally scheduled date and time.
Are multiple attendee discounts available?
Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
When will the OnDemand be available and how long will I have access to the content?
The OnDemand Video will be available to stream within 7 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
What is included with my course purchase?
When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
Will I receive a certificate of completion?
Yes, we'll email you a certificate of completion and store in your account for any future reporting needs.
Can multiple people watch courses and request credit?
While only paid registrants can receive continuing education credit for attending, there are no limitations to the number of viewers at each connection.

Have more questions? Please Contact Us