Construction Law

FL Specific

Live Online

Florida Construction Law: Advanced Issues and Answers

Credits Available
Credit Status Total
Florida CLE Approved 7 Total
Florida Registered Paralegal Approved 6 Total
Live Online
6 hours
Jake Carroll
Steven McCommon
Jessica Gopiao
With Jake Carroll from Nelson Mullins Riley & Scarborough LLP + 2 others

Tue, Jun 16, 00:00 AM – 00:00 PM

Product ID 101841

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

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Related Topics

Product ID 101841

Credit Details

Credits Available
Credit Status Total
Florida CLE Approved 7 Total
Florida Registered Paralegal Approved 6 Total
Select Jurisdiction
CLE
Paralegal

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. 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

  3. 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

  4. 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

  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. 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

  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

Jake Carroll
Jake
Carroll
Nelson Mullins Riley & Scarborough LLP
Steven R McCommon
Steven R.
McCommon
S.R. McCommon Law PLLC
Jessica E Gopiao
Jessica E.
Gopiao
Reed Smith LLP
Speaker bio
Jake Carroll

Jake Carroll

Nelson Mullins Riley & Scarborough LLP
Jake Carroll

is a partner at Nelson Mullins Riley & Scarborough LLP, where he advises clients in the construction, manufacturing, and real estate industries handling matters relating to commercial transactions, complex disputes, and corporate issues. Mr. Carroll is a published authority on Georgia construction law as co-author of the Georgia Construction Law Handbook, a leading treatise published annually, and has specialized expertise in the agricultural equipment industry. He earned his B.B.A. degree from University of Georgia and his J.D. degree, magna cum laude, from Mercer University School of Law. 

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Speaker bio
Steven R McCommon

Steven R. McCommon

S.R. McCommon Law PLLC
Steven McCommon

is an attorney at Adams and Reese LLP, where he focuses his practice on construction law, insurance coverage, and commercial litigation. Within these practice areas, he represents clients in contract review and drafting, contract negotiation, lien law, bond law, building code violations, construction defect litigation and environmental compliance. Mr. McCommon has been selected by his peers among Florida Super Lawyers' Rising Stars in construction litigation and among the Best Lawyers® Ones to Watch in construction law. He earned his B.A. degree from the University of Florida and his J.D. degree from Stetson University College of Law.

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Speaker bio
Jessica E Gopiao

Jessica E. Gopiao

Reed Smith LLP
Jessica Gopiao

is an attorney at Reed Smith LLP. She dedicates her practice to helping policyholders recover funds from insurers when they wrongfully refuse to pay, underpay, or act in bad faith. Ms. Gopiao has been recognized for her work in insurance. She was named a Circle of Excellence winner for Insurance Litigation in 2024 by the Miami-Dade Bar and a Rising Star for Insurance Coverage in the Florida Super Lawyers Magazine. Ms. Gopiao has been recognized for her professionalism and work ethic. In 2024, she was named to the Top 36 Lawyers Under 36 list by the Florida Bar Young Lawyers Division and selected as the Miami-Dade Bar Young Lawyers Section MVP of the Year. In 2023, Ms. Gopiao was named to the Miami-Dade Bar Young Lawyer Section's 40 Under 40 list and named the Rising Star Asian American Excellence in Florida winner by the Asian Pacific American Bar Association of South Florida. She earned her B.A degree from Chapman University and her J.D degree from The George Washington University Law School. 

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