Construction Law

PA Specific

Pennsylvania Construction Law: Advanced Issues and Answers

Credits Available
Credit Status Total
Kentucky CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
OnDemand
5 hours 55 minutes
Thomas Hurd
K. Bradley Mellor
Jeffrey Morris
Veronica Morrison
Unaiza Tyree
With Thomas R. Hurd from McElroy, Deutsch, Mulvaney & Carpenter, LLP + 4 others
Recorded October 02, 2025
Product ID 100848

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

Related Topics

Product ID 100848

Credit Details

Credits Available
Credit Status Total
Kentucky CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New York CLE Approved 7 Total
Pennsylvania 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. 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"

  3. 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

  4. 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

  5. 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

  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. 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

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

Thomas R Hurd
Thomas R.
Hurd
McElroy, Deutsch, Mulvaney & Carpenter, LLP
K. Bradley Mellor
K. Bradley
Mellor
Bowles Rice LLP
Jeffrey T Morris
Jeffrey T.
Morris
The Law Offices of Jeffrey T. Morris
Veronica L Morrison
Veronica L.
Morrison
McNees Wallace & Nurick LLC
Unaiza Tyree
Unaiza
Tyree
Bowles Rice LLP
Speaker bio
Thomas R Hurd

Thomas R. Hurd

McElroy, Deutsch, Mulvaney & Carpenter, LLP
Thomas Hurd

is a partner of the Philadelphia office of McElroy, Deutsch, Mulvaney & Carpenter, LLP, where his main areas of practice are construction, medical malpractice, personal injury and products liability. He has spoken for various professional groups on his areas of practice. Mr. Hurd is a member of the Philadelphia Bar Association; Pennsylvania Bar Association (treasurer, Civil Litigation Section) and New Jersey State Bar Association (Construction and Public Contract Law Section). He earned his B.S. degree, cum laude, from the University of Illinois and his J.D. degree, with high honors, from Rutgers-Camden School of Law.

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Speaker bio
K. Bradley Mellor

K. Bradley Mellor

Bowles Rice LLP
K. Bradley Mellor

is special counsel to Bowles Rice LLP, and works from the firm's Southpointe, Pennsylvania office where he focuses his practice on construction law, construction litigation and alternative dispute resolution. He serves as leader of the Bowles Rice Construction Law team where his wide range of experience in the construction industry includes contract preparation and negotiation, contract enforcement through litigation or arbitration and dispute avoidance and resolution. Mr. Mellor advises clients through every phase of a construction project, from conceptual design and planning to project closeout and warranty claims. He has worked on numerous projects ranging from major industrial and utility jobs to highway and bridge work, commercial buildings, schools, hospitals and residential construction. Mr. Mellor has also assisted clients in a variety of real estate development issues. He has worked on projects, contracts and disputes in more than 20 states, Canada and Puerto Rico. An arbitrator on the American Arbitration Association's Construction Mega Project Panel, Mr. Mellor also handles industry mediations, both privately and through the U.S. District Court for the Western District of Pennsylvania. He earned his B.A. degree from Washington and Jefferson College and his J.D. degree, magna cum laude, from Case Western Reserve University School of Law and is admitted to practice in Pennsylvania and Ohio. Mr. Mellor is a member of the Allegheny County Bar Association-County Law Section; Pennsylvania Bar Association; American Bar Association-Forum on the Construction Industry and Fidelity and Surety Law Committee, and arbitrator, American Arbitration Associations Construction Mega Project Panel.

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Speaker bio
Jeffrey T Morris

Jeffrey T. Morris

The Law Offices of Jeffrey T. Morris
Jeffrey Morris

is an attorney with The Law Offices of Jeffrey T. Morris, where he practices in the areas of zoning, construction, and business and commercial litigation matters. He represents lenders in state, federal and bankruptcy courts, as well as corporate, transactional and construction litigation matters. Mr. Morris is a member of the Pennsylvania, Allegheny (member, Construction Dispute Resolution Group) and American bar associations, as well as the American Arbitration Association (Commercial Arbitration Panel). He is admitted to practice in Pennsylvania and West Virginia. Mr. Morris earned his B.A. degree, magna cum laude, from the University of Pittsburgh and his J.D. degree, cum laude, from the University of Pittsburgh School of Law.

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Speaker bio
Veronica L Morrison

Veronica L. Morrison

McNees Wallace & Nurick LLC
Veronica Morrison

is an attorney at McNees Wallace & Nurick LLC. She is an experienced litigator who focuses her practice on construction law. Ms. Morrison also assists with a range of commercial, real estate and environmental litigation issues, as well as procurement and administrative matters. Her clients include commercial real estate owners and developers, general contractors, subcontractors, local governments, national health care insurance providers, and large and small commercial business owners. Ms. Morrison counsels clients, particularly those with large construction projects, on risk avoidance and options for alternative dispute resolution. She also represents clients in mechanic's lien claims and cases before the Board of Claims. Ms. Morrison earned her B.S. degree from Pennsylvania State University and her J.D. degree from Washington University School of Law.

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Speaker bio
Unaiza Tyree

Unaiza Tyree

Bowles Rice LLP
Unaiza Tyree

is an attorney at Bowles Rice LLP. She is a litigator in the Charleston, West Virginia office of regional law firm Bowles Rice. She handles a variety of different litigation matters but primarily focuses her practice on medical malpractice, construction disputes, professional licensure issues, and commercial litigation. Over the course of her career, she has gained extensive courtroom experience representing a wide variety of clients in both state and federal courts throughout the region. She is also adept at pretrial litigation, motions practice, and has successfully represented clients in alternative dispute resolution, including mediation and arbitration. Unaiza's practice also includes representation before the professional licensing boards in the State of West Virginia, particularly when a licensing dispute arises or disciplinary actions could affect a professional's ability to continue working in his or her field. She's also the chair of the firm's Diversity Committee, handles contracting for the firm's E-Discovery needs, including managing the firm's electronic discovery caseload, and sits on the firm's AI Committee. She earned her B.A. degree cum laude from West Virginia University and her J.D degree from West Virginia University College of Law.

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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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