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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
- Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points
- Change Orders and Extra Work - Payment Issues Disentangled
- Determining Responsibility and Remedy for Delays
- Indemnification Disputes - What is the Scope and Meaning of the Contractual Clause?
- Negotiating Damages in Construction Disputes
- Determining Who is Insured Under Commercial General Liability Policies
- Coverage for Construction Defects Under CGL Policies
- Ethics for Construction Attorneys
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Indiana CLE |
|
6 Total |
| Ohio CLE |
|
6 Total |
Select Jurisdiction
CLE
Agenda
-
Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points
- Payment Clauses
- Pass-Through Clauses
- No Damage for Delay Clauses
- Performance and Timing Clauses
- Project Termination Clauses
- Liquidated Damages Clauses
-
Change Orders and Extra Work - Payment Issues Disentangled
- Real vs. Perceived Changes
- Undocumented Oral Change Orders
- Changes Due to Defective Plans and Specifications
- Previously Unknown Site Conditions
- Additional, Unauthorized, or Non-Conforming Work
- Change by Outside Forces: Market Shifts, Zoning Issues, etc.
- Change Order Impact Costs
-
Determining Responsibility and Remedy for Delays
- Excusable vs. Inexcusable Delays
- Compensable vs. Non-Compensable Delays
- Untangling Concurrent Delays
- Necessary Documentation
- Drafting a Recovery Schedule
- Applying a Waiver or "No Damage for Delay" Clause
-
Indemnification Disputes - What is the Scope and Meaning of the Contractual Clause?
- Types of Indemnity Clauses
- Detecting Illegal and Unenforceable Language
- How Courts Construe Indemnity Clauses
- Factoring in State Anti-Indemnification Statutes
- Determining Duty to Defend
-
Negotiating Damages in Construction Disputes
- Distinguishing Direct and Consequential Damages
- Calculating Acceleration Damages
- Reducing Damages by Claiming Betterment
- Non-Monetary Remedies to a Construction Dispute
- Preserving Business Relationships While Negotiating Damages
-
Determining Who is Insured Under Commercial General Liability Policies
- The Certificate of Insurance
- The General Contractor as a Subcontractor's Additional Insured
- The General Contractor as an Additional Insured on the Duty to Defend
- The Most Common Additional Insured Endorsements
-
Coverage for Construction Defects Under CGL Policies
- Treating Defective Construction as an Occurrence
- Business Risk Exclusions and Subcontractor Exception Removal
- Avoiding the Known Risk Provision
- Voluntary Remediation and the "Legally Obligated" Requirement
- The Total Pollution Exclusion - How Total is it?
-
Ethics for Construction Attorneys
- Client Authority
- Contractual Claims for Attorneys' Fees/Expenses
- Dealing With Unrepresented Persons
- 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
Speaker bio
James T. Dixon
is a shareholder at Roetzel & Andress LPA. Throughout his career, he has been helping members of the construction industry manage risk, avoid loss, and resolve disputes on projects throughout the country. He drafts and negotiates construction contracts, advises clients during the course of construction, and resolves disputes through mediation, arbitration, and litigation. He has handled claims relating to defective construction, schedule delay, disruption and acceleration, differing site conditions, unapproved change orders, payment and performance bonds, and mechanic's liens, among others. He has unique experience in advancing bid protests on public projects, in resolving disputes on tunneling projects, and in addressing disputes on projects utilizing the integrated project delivery system. He also resolves transactional real estate disputes in residential and commercial contexts. He earned his B.A degree from Denison University and his J.D degree from Case Western Reserve University School of Law.
Speaker bio
Spencer E. Krebs
is an attorney with Tucker Ellis LLP. He focuses his practice on construction law, complex commercial and business litigation, and community association law. Mr. Krebs represents construction industry clients, including owners, condominium and homeowners’ associations, contractors, suppliers, architects and engineers, and design professionals. His litigation practice includes representing clients at trial and in arbitrations, mediations, and appeals involving a wide range of construction and real estate matters related to construction defect or delay claims, design negligence, contractual disputes, insurance coverage issues, and payment disputes. On the transactional side, Mr. Krebs provides advice and counsel on a variety of issues, including construction contracts, design agreements, leases, and other contract documents. Experienced in all aspects of disputes concerning business transactions and relationships, from pre-litigation counseling to appellate advocacy, he has successfully resolved lawsuits involving breach of contract claims, business torts, shareholder disputes, and insurance coverage. Mr. Krebs also works closely with companies ranging from start-ups and family businesses to multinational corporations to obtain achievable goals that consider both business and legal interests. He is a member of the Cleveland Metropolitan, Norman S. Minor and Ohio State bar associations. Mr. Krebs earned his B.A. degree from Notre Dame College and his J.D. degree from Charlotte School of Law and Case Western Reserve University School of Law.
Speaker bio
Sera M. Martin
is an attorney Hahn Loeser & Parks LLP, where she focuses on construction litigation, real estate litigation, and commercial litigation matters. Ms. Martin has experience assisting individuals, small businesses, and companies on a diverse range of litigation matters. She began working with Hahn Loeser in 2024 as a summer associate. Prior to Hahn Loeser, she externed for Judge Calabrese at the Northern District of Ohio Federal Courthouse in Cleveland. Ms. Martin also interned throughout law school with the Summit Legal Defenders as a certified legal intern, where she gained valuable in-court experience practicing in the Summit County Municipal Court. She received her J.D. degree from the University of Akron School of Law where she was president of the Federal Bar Association and the Business Law Society student chapters and was a member of Akron Law’s Trial Team. On top of her J.D. degree, she also earned certificates in business law and litigation and was recognized for completing more than 300 hours of pro bono service hours.
Speaker bio
Christina T. Hassel
is a partner in the law firm of Hahn Loeser & Parks LLP, where her practice is focused mainly on commercial litigation, including both individual and class action disputes regarding contracts, business torts, fraud, consumer protection defense, unfair and deceptive trade practices, ADA, and intellectual property, as well as appellate litigation. In addition to her litigation practice, Ms. Hassel has extensive experience negotiating complex commercial agreements in areas including IT, real estate leasing, intellectual property, licensing, marketing, and human resources. She has been recognized as a Rising Star by Ohio Super Lawyers for 2014, 2015 and 2018. Ms. Hassel earned her B.S.B.A. degree, cum laude, from The Ohio State University, Max M. Fisher College of Business and her J.D. degree, magna cum laude, from The Ohio State University, Michael E. Moritz College of Law where she was managing editor of the Ohio State Law Journal. She is admitted to practice in Ohio and Illinois.
Speaker bio
Matthew K. Grashoff
is an attorney at Hahn Loeser & Parks LLP, where he focuses his practice on construction law and commercial litigation and has experience in the areas of insurance coverage and appellate practice. He manages cases at all stages of the construction process, from bid disputes through project correspondence, scope disputes, change order disputes, alternative-dispute-resolution mechanisms, and lien and bond claims. Mr. Grashoff represents clients through all stages of litigation by taking and defending depositions, drafting and responding to dispositive motions, participating in jury trials, and obtaining successful results on appeal, as well as participating in all aspects of the arbitration process. He served as counsel to the Appellate Rules Committee of the Ohio Supreme Court Commission on the Rules of Practice and Procedure from 2015 to 2019. Mr. Grashoff is admitted to practice before U.S. District Court for the Northern District of Ohio and the State of Ohio. He earned his B.A. degree, cum laude, from Allegheny College and his J.D. degree from Case Western Reserve University School of Law.
Speaker bio
Kyle D. Greene
is an attorney at UB Greensfelder LLP. He focuses his practice on resolving construction disputes and assisting clients in all phases of construction projects. His broad experience with the litigation process includes pleadings and motion practice, pretrial discovery, and trial preparation. Mr. Greene brings hands-on experience in construction having worked for numerous subcontractors and a multifamily apartment renovation company in numerous aspects ranging from litigation, lien enforcements, general labor, supervision, bid drafting, and American Institute of Architects (AIA) contract review. He also assists with catastrophic loss litigation. He earned his B.A degree from Miami University and his J.D degree from University of Cincinnati College of Law.
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