CO Specific

Construction Law

Colorado Construction Law: Advanced Issues and Answers

Credits Available
Credit Status Total
Colorado CLE Approved 7 Total
OnDemand
5 hours 57 minutes
Benjamin Petre
Catherine Crane
Daniel Wennogle
Jean Arnold
Edison McDaniels
Joseph Nistico
With Benjamin M. Petre from Dorsey & Whitney LLP + 5 others
Recorded October 02, 2025
Product ID 100830

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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. Negotiating Damages in Construction Disputes
  6. Determining Who is Insured Under Commercial General Liability Policies
  7. Coverage for Construction Defects Under CGL Policies
  8. Ethics for Construction Attorneys

Related Topics

Product ID 100830

Credit Details

Credits Available
Credit Status Total
Colorado CLE Approved 7 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. 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

  6. 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

  7. 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?

  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

Benjamin M Petre
Benjamin M.
Petre
Dorsey & Whitney LLP
Catherine Crane
Catherine
Crane
Holland & Hart LLP
Daniel C Wennogle
Daniel C.
Wennogle
Womble Bond Dickinson (US) LLP
Jean C Arnold
Jean C.
Arnold
Arnold & Arnold, LLP
Edison McDaniels III
Edison
McDaniels, III
Ogborn Mihm LLP
Joseph Nistico
Joseph
Nistico
Ogborn Mihm LLP
Speaker bio
Benjamin M Petre

Benjamin M. Petre

Dorsey & Whitney LLP
Benjamin Petre

is a partner at Dorsey & Whitney LLP. He counsels clients and litigates disputes in construction and general commercial matters. As a construction attorney, Mr. Petre assists clients with every phase of the construction process, from drafting and negotiating agreements for every aspect of a project, to resolving claims and disputes concerning complex construction issues. He represents general contractors, subcontractors, design professionals and owners in such matters. Mr. Petre has represented clients in jurisdictions across the United States and in various sectors, including energy, mining, health care, education, transportation, residential, commercial, and public projects. He earned his B.A degree magna cum laude from University of New Mexico and his J.D degree from University of Denver, Sturm College of Law.

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Speaker bio
Catherine Crane

Catherine Crane

Holland & Hart LLP
Catherine Crane

focuses her practice on risk management and insurance coverage law, advising policyholders on a variety of coverage issues. She has a broad range of experience with coverage matters involving construction defects, builders risk, owner/contractor controlled insurance programs, commercial general liability, excess and umbrella, commercial property, cyber security, representations and warranties, directors and officers, and employment practices insurance. In her risk management practice, Ms. Crane assists clients in evaluating potential causes of loss, recommending and implementing preventive measures, and devising plans to minimize costs and maximize insurance coverage. She holds an Associate in Risk Management (ARM) certification, nationally recognized credentials reflecting her comprehensive grasp of the risk management process and proficiency in providing knowledgeable advice and practical strategies for evaluating any organization's exposures to accidental and business losses. In addition, Ms. Crane advises clients regarding truth in advertising and consumer fraud law, unfair trade practices and antitrust issues, and assists companies involved in government investigations. She also has experience with employment law and business litigation, including employee benefits (ERISA) litigation and the defense of employment discrimination claims. Prior to joining Holland & Hart, Ms. Crane worked with the Federal Trade Commission in Washington D.C., focusing on antitrust, unfair trade practices and consumer protection laws. she also was a regulatory analyst at the U.S. Environmental Protection Agency, where she worked on Clean Water Act, Ocean Dumping Act, and land use issues. Ms. Crane earned her B.A. degree from Syracuse University, her M.S. degree from State University of New York, College of Environmental Science & Forestry and her J.D. degree from George Mason University School of Law.

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Speaker bio
Daniel C Wennogle

Daniel C. Wennogle

Womble Bond Dickinson (US) LLP
Daniel Wennogle

is a partner at Womble Bond Dickinson (US) LLP. He is a partner in the litigation practice group with deep experience representing clients in a broad range of construction and property rights matters. His practice focuses on contract disputes, schedule delay and impact claims, lien and bond disputes, construction defects, quiet title, condemnation, and easement disputes, among other things. He earned his B.A degree from Princeton University; his M.A degree from University of Montana; and his J.D degree from University of Denver, Sturm College of Law.

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Speaker bio
Jean C Arnold

Jean C. Arnold

Arnold & Arnold, LLP
Jean Arnold

is an attorney at Arnold & Arnold, LLP. She is an adjunct professor at Red Rocks Community College, where she teaches in the business management real estate department. She is a member of the Denver Bar Association, 1st Judicial District Bar Association and Colorado Bar Association (past-chair of the Real Estate Section and member of the Construction Law Section).

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Speaker bio
Edison McDaniels III

Edison McDaniels, III

Ogborn Mihm LLP
Edison McDaniels

is an attorney at Ogborn Mihm LLP. As a seasoned public speaker, Mr. McDaniels delivers each client's story with clarity, focus, energy, and compassion. he takes pride in his ability to connect with clients, ensuring they feel heard, and their needs are met. Utilizing his years of banking experience prior to becoming a lawyer, he ensures proper attention is given to the fiscal aspects of any representation. Primarily representing construction clients, whether with construction defect resolution, contract negotiation, contract drafting, real estate transactions, or insurance disputes, he brings a high level of comfort and understanding to his clients. His advocacy for his clients is empowered by his military upbringing, ensuring the entire team is informed and ready to jump in at any moment. Growing up in a military family provided a high level of discipline, expectation, and collaboration. He earned his B.S degree from Virginia Tech and his J.D degree from University of Colorado.

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Speaker bio
Joseph Nistico

Joseph Nistico

Ogborn Mihm LLP
Joseph Nistico

is an attorney at Ogborn Mihm LLP. He has over five years of experience in construction litigation and has represented a broad array of clients, including developers, contractors, architects, homeowners' associations, and single-family homeowners. Mr. Nistico's analytical ability, attention to detail, and excellent writing skills make him well-equipped to represent clients in a wide variety of legal matters. He earned his B.S. degree from Texas Christian University and his J.D. degree from University of Colorado.

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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.
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