Construction Law

4.5

Construction Changes and Delays: Attorneys' Troubleshooting Guide

Credits Available
Credit Status Total
Colorado CLE Approved 2 Total
Idaho CLE Upon Request 1.5 Total
Kentucky CLE Upon Request 1.5 Total
Montana CLE Approved 1.5 Total
North Dakota CLE Approved 1.5 Total
New Hampshire CLE Approved 1.5 Total
Nevada CLE Approved 1.5 Total
New York CLE Approved 1.5 Total
Oregon CLE Approved 1.5 Total
Washington CLE Approved 1.5 Total
OnDemand
1 hours 29 minutes
Patricia Habas
With Patricia E. Habas from Rogers, Habas & Eisen, P.C.
Recorded October 12, 2023
Product ID 97442

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Overview

Time is Money - Don't Let it Cost Your Clients Too Much

Labor shortages, materials delays, and increased costs mean that construction changes, delays, and other claims are as hot as ever. It takes careful drafting and problem solving to protect your clients against serious financial consequences when these issues inevitably cross your desk. Join our experienced faculty for a practical look at contract language, case law, and best practices for resolving disputes in your client's favor. Enhance your construction legal knowledge - register today!

  • Take a closer look at construction contract clauses pertaining to change orders, delays, and damages.
  • Get practical tips for negotiating change orders and determining whether an actual change to the contract scope exists.
  • Learn how to best protect your clients when projects are delayed.

Abbreviated Agenda

  1. Applying Key Contract Language and Case Law
    1. Performance and Timing Clauses
    2. Clauses Regarding Change Orders
    3. Claim Process and Notice of Delays
    4. Force Majeure Clause and Other Excuseable Delays
    5. Acceleration of Work
    6. No Damage for Delay Clauses
    7. Liquidated Damages Clauses
    8. Termination of the Contract
    9. Suspension of Work Clauses
  2. Change Orders and Extra Work - Payment Issues Disentangled
    1. Reviewing Plans and Specifications
    2. Does an Actual Change to the Contract Scope Exist?
    3. Real vs. Perceived Changes
    4. Undocumented Oral Change Orders
    5. Changes Due to Defective Plans and Specifications
    6. Previously Unknown Site Conditions
    7. Additional, Unauthorized, or Non-Conforming Work
    8. Change by Outside Forces: Market Shifts, Zoning Issues, etc.
    9. 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

Related Topics

Product ID 97442

Credit Details

Credits Available
Credit Status Total
Colorado CLE Approved 2 Total
Idaho CLE Upon Request 1.5 Total
Kentucky CLE Upon Request 1.5 Total
Montana CLE Approved 1.5 Total
North Dakota CLE Approved 1.5 Total
New Hampshire CLE Approved 1.5 Total
Nevada CLE Approved 1.5 Total
New York CLE Approved 1.5 Total
Oregon CLE Approved 1.5 Total
Washington CLE Approved 1.5 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Construction Changes and Delays: Attorneys' Troubleshooting Guide

    1. Applying Key Contract Language and Case Law
      1. Performance and Timing Clauses
      2. Clauses Regarding Change Orders
      3. Claim Process and Notice of Delays
      4. Force Majeure Clause and Other Excuseable Delays
      5. Acceleration of Work
      6. No Damage for Delay Clauses
      7. Liquidated Damages Clauses
      8. Termination of the Contract
      9. Suspension of Work Clauses
    2. Change Orders and Extra Work - Payment Issues Disentangled
      1. Reviewing Plans and Specifications
      2. Does an Actual Change to the Contract Scope Exist?
      3. Real vs. Perceived Changes
      4. Undocumented Oral Change Orders
      5. Changes Due to Defective Plans and Specifications
      6. Previously Unknown Site Conditions
      7. Additional, Unauthorized, or Non-Conforming Work
      8. Change by Outside Forces: Market Shifts, Zoning Issues, etc.
      9. 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

Who Should Attend

This advanced construction law program is for attorneys. Construction professionals, insurance professionals, and paralegals may also benefit.

Speakers

Patricia E Habas
Patricia E.
Habas
Rogers, Habas & Eisen, P.C.
Speaker bio
Patricia E Habas

Patricia E. Habas

Rogers, Habas & Eisen, P.C.
Patricia Habas

is the managing partner of Rogers, Habas & Eisen, P.C. Her practice is focused on commercial and construction litigation, and arbitration. Ms. Habas represents a wide range of clients from suppliers to developers. She earned her B.S degree from Manhattan College and her J.D. degree from St. John's University School of Law. Ms. Habas is admitted in New York, New Jersey and the U.S. District Courts in the Southern, Eastern and Northern districts of New York, as well as the U.S. District Court of New Jersey.

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