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Overview
From Scope Fights to Indemnity and Insurance Battles
Construction projects rarely go according to plan - and when things go wrong, they can go very wrong. Scope fights, payment battles, defective work, and insurance coverage disputes regularly end up in litigation, dragging you into highly technical, document-heavy, and high-stakes conflicts. This program spotlights the cases most likely to end up on your desk. Learn how to prevent disputes, resolve them effectively, and guide clients through the legal minefields that derail projects. Register today!
- Resolve scope ambiguities and change order conflicts before they escalate even further.
- Evaluate who bears the responsibility for unforeseen site conditions and cost overruns.
- Secure payment for clients with a dive into payment clauses, liens, and bonds.
- Distinguish between excusable vs. non-excusable delays.
- Determine how far indemnification provisions and insurance coverages really go.
Abbreviated Agenda
- Scope Fights and Change Order Conflicts
- Unforeseen/Differing Site Conditions and Cost Overruns
- Delay Claims and Damage Battles: Time is Money
- Defective Work and Construction Defects: Who Pays, and How Much?
- Indemnity and Insurance Disputes
- Payment Fights, Mechanics' Liens, and Bond Claims
- Legal Ethics in Construction Disputes
Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Colorado CLE |
|
7 Total |
| Connecticut CLE |
|
6 Total |
| Delaware CLE |
|
6 Total |
| Florida CLE |
|
7 Total |
| Georgia CLE |
|
6 Total |
| Hawaii CLE |
|
6 Total |
| Iowa CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky CLE |
|
6 Total |
| Maine CLE |
|
6 Total |
| Minnesota CLE |
|
6 Total |
| Missouri CLE |
|
7.2 Total |
| Northern Mariana Islands CLE |
|
6 Total |
| Mississippi CLE |
|
6 Total |
| Montana CLE |
|
6 Total |
| North Carolina CLE |
|
6 Total |
| North Dakota CLE |
|
6 Total |
| Nebraska CLE |
|
6 Total |
| New Hampshire CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New Mexico CLE |
|
6 Total |
| Nevada CLE |
|
6 Total |
| New York CLE |
|
7 Total |
| Ohio CLE |
|
6 Total |
| Oklahoma CLE |
|
7 Total |
| Oregon CLE |
|
6 Total |
| Pennsylvania CLE |
|
6 Total |
| Rhode Island CLE |
|
7 Total |
| South Carolina CLE |
|
6 Total |
| Tennessee CLE |
|
6 Total |
| Texas CLE |
|
6 Total |
| Utah CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| Vermont CLE |
|
6 Total |
| Washington CLE |
|
6 Total |
| Wisconsin CLE |
|
7 Total |
| West Virginia CLE |
|
7.2 Total |
| Wyoming CLE |
|
6 Total |
Select Jurisdiction
CLE
Agenda
-
Scope Fights and Change Order Conflicts
- Contractual Ambiguities
- Is the Work Extra or Within the Original Scope of Work?
- Oral Change Orders
- Pricing Battles
-
Unforeseen/Differing Site Conditions and Cost Overruns
-
Delay Claims and Damage Battles: Time is Money
- Excusable vs. Non-Excusable Delays
- Force Majeure Clauses - What Counts?
- Concurrent Delays
- Liquidated vs. Actual Damages
- No-Damages-for-Delay Clauses
-
Defective Work and Construction Defects: Who Pays, and How Much?
-
Indemnity and Insurance Disputes
- Indemnity Clauses: How Far Do They Reach?
- Common Insurance Coverage Battles and Gaps
- CGL
- Builder's Risk
- Professional Liability
- Additional Insured Endorsements
-
Payment Fights, Mechanics' Liens, and Bond Claims
- Nonpayment and Late Payment Disputes
- Termination and Payment Fallout
- Retainage Battles
- Pay-if-Paid vs. Pay-When-Paid Clauses
- Mechanics' Liens
- Bond Claims
-
Legal Ethics in Construction Disputes
- Conflicts of Interest: Representing Multiple Parties
- Evidence Preservation Duties
- Handling Client Funds
- Settlement and Negotiation Ethics
Who Should Attend
This program is designed for attorneys. Construction professionals and paralegals may also benefit.
Speakers
Speaker bio
Douglass F. Wynne, Jr.
is a partner at Simon, Peragine, Smith & Redfearn, L.L.P. He focuses his practice in the areas of construction, fidelity and surety matters, and commercial litigation. Mr. Wynne has represented contractors in all aspects of the construction phase including bid disputes involving governmental entities, disputes with the Louisiana Licensing Board of Contractors, negotiation of commercial terms in the bid phase, change order administration, delivery and close out issues, and warranty disputes. He has also represented sureties in payment bond and performance bond claims, including the negotiation and drafting of completion contracts and takeover agreements. Mr. Wynne is routinely involved in high stakes cases in Louisiana where he strategically prioritizes, plans, and coordinates legal matters to ensure on-time resolutions while striving to maintain high quality standards. His experience also includes participating in trials, trial preparation, drafting legal motions and memoranda, depositions, and many other litigation tasks, including managing multiple large scale e-discovery matters. Mr. Wynne also spends a considerable amount of his time reviewing, editing, drafting, and litigating all types of public and private construction contracts. His contract experience includes preparing and negotiating indemnity provisions, safety hazard risks, warranty issues, defective work, time extensions, lien claims, and licensing and insurance requirements. Mr. Wynne earned his B.A. degree from Tulane University and his J.D. degree from Loyola University New Orleans College of Law.
Speaker bio
Carolina Saavedra
is an attorney at Shutts & Bowen LLP where she is a member of the Construction Litigation Practice Group. She focuses her practice on complex commercial and construction litigation matters in both state and federal courts, as well as in alternative dispute resolution settings. Ms. Saavedra represents general contractors, subcontractors, design professionals, suppliers and other parties in matters involving construction and design defects, contract disputes, liens, delays and unforeseen conditions on public and private projects. Her experience includes counseling a variety of complex commercial claims, surety litigation, shareholder disputes, employer discrimination claims as well as handling licensing disputes. Ms. Saavedra's experience is shaped by her years practicing in boutique complex commercial litigation firms as well as national firms. She earned her B.A. degree from University of Central Florida and her J.D. degree from Stetson University College of Law.
Speaker bio
Clay F. Tezel
is an attorney at Shutts & Bowen LLP, where he is a member of the Construction Practice Group. He concentrates his practice in construction litigation in both state and federal courts, as well as in alternative dispute resolution settings. Mr. Tezel has assisted in the representation of contractors in complex litigation involving professional malpractice, design errors and disruption claims, among other matters. He earned his B.A. degree from University of Florida and his J.D. degree from University of Florida Levin College of Law.
Speaker bio
Scott D. Cahalan
is a partner at Smith, Gambrell & Russell, LLP. He has substantial experience representing owners, developers, contractors, and others in the construction industry. Ms. Cahalan's practice primarily consists of drafting and negotiating construction contracts, providing advice during development, design, and construction, and representing clients in dispute resolution proceedings. He has been lead counsel on a large number of litigation, arbitration, and mediation matters involving claims for breach of contract and torts, including differing site conditions claims, delay, acceleration, and inefficiency claims, design, and construction defect claims, as well as payment, lien, and bond claims. Mr. Cahalan has also drafted and negotiated thousands of contracts using both specially drafted contract forms and standard industry forms. He has drafted general contracts, master agreements, subcontracts, design contracts, service contracts, design-build contracts, EPC and EPCM contracts, construction and program management contracts, joint-venture, teaming and partnering agreements, equipment installation contracts, purchase orders, operation and maintenance contracts, IPD contracts, and bonds for public and private jobs. Mr. Cahalan's contracts have been used on office, commercial, hospitality, residential, and mixed-use buildings, light and heavy manufacturing and warehouse facilities, arenas, stadiums and practice facilities, hospitals and medical office buildings, school and university buildings, and utility, nuclear, solar, and water reclamation projects. He routinely represents in-bound international clients in transactional and litigation matters, involving construction projects and manufacturing, industrial, and nuclear power plants. Mr. Cahalan has represented clients from Austria, Bavaria, Belgium, Canada, France, Germany, Ireland, Japan, Korea, Spain, and the United Kingdom on projects ranging from the manufacture of automobiles, food, metals, natural gas, plastics, pipe, tires, wood, and power. He earned his B.S. degree in construction engineering from Iowa State University in 1984, and his J.D. degree, cum laude, from the University of Georgia. While in law school, Mr. Cahalan served as a summer law clerk to The Honorable Julie E. Carnes, Judge for the U.S. District Court for the Northern District of Georgia, Atlanta Division (retired, Judge for the U.S. Court of Appeals for the Eleventh Circuit).
Speaker bio
Andrew P. Atkins
is an attorney at Smith Anderson. He serves as co-chair of the firm's Construction & Infrastructure practice and brings significant experience in litigation, alternative dispute resolution and contracting. He regularly represents owners, contractors and developers in multi-party disputes involving public and private commercial projects. He assists clients in a variety of other real estate, commercial, contract and business-related disputes. He has had the privilege of representing clients in some of North Carolina's most significant construction disputes including multi-million-dollar claims related to the construction of state-owned psychiatric hospitals, a light rail system and public highways. He brings a collaborative and strategic approach, supporting clients to accomplish their goals. He draws on extensive experience handling cases with enormous volumes of documents to help clients streamline the discovery process and reduce costs through efficient, strategic planning. His proficiency and experience in this area make him the ideal attorney to serve as the firm's eDiscovery Partner-In-Charge. He also brings this significant level of understanding to his role as a member of the firm's AI Task Force. He earned his B.A degree from University of North Carolina at Chapel Hill and his J.D degree from University of North Carolina School of Law.
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