Construction Law

UT Specific

Utah Construction Law: Advanced Issues and Answers

Credits Available
Credit Status Total
Utah CLE Approved 6 Total
OnDemand
6 hours 8 minutes
Darrel Bostwick
Steven Shaw
With Darrel J. Bostwick from Bostwick Law, PLLC + 1 other
Recorded April 10, 2024
Product ID 98152

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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.

Abbreviated Agenda

  1. Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points
  2. Change Orders and Extra Work - Payment Issues Disentangled
  3. Indemnification Disputes - What is the Scope and Meaning of the Contractual Clause?
  4. Ethics for Construction Attorneys
  5. Determining Responsibility and Remedy for Delays
  6. Determining Who is Insured Under Commercial General Liability Policies
  7. Coverage for Construction Defects Under CGL Policies

Related Topics

Product ID 98152

Credit Details

Credits Available
Credit Status Total
Utah 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. 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

  3. 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

  4. 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"

  5. 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

  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?

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

Darrel J Bostwick
Darrel J.
Bostwick
Bostwick Law, PLLC
Steven W Shaw
Steven W.
Shaw
ShawLaw Legal PLLC
Speaker bio
Darrel J Bostwick

Darrel J. Bostwick

Bostwick Law, PLLC
Darrel Bostwick

is the AV rated owner of, and principal attorney for, Bostwick Law, PLLC, where he practices in the areas of construction contracting, claims resolution, construction litigation and construction ADR. Mr. Bostwick is admitted to law practice in Utah and before the U.S. District Court District for the District of Utah. He is a member of the Utah State Bar Association (Construction Law Section, past Chair). Mr. Bostwick earned his B.S. degree in construction management from Brigham Young University and his J.D. degree from the J. Reuben Clark Law School.

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Speaker bio
Steven W Shaw

Steven W. Shaw

ShawLaw Legal PLLC
Steven Shaw

is the principal in the SHAWLAW PLLC located in Clinton, Utah. He is a native of California and litigated there for many years; for a time acting as lead trial attorney for a firm in Silicone Valley. He also practiced in Idaho for many years and was on the board of directors if the Idaho Trial Lawyers Association for eight years. He has litigated in many states and recently returned to Utah after acting for the last three years as lead defense counsel in a class action suit in North Carolina. Presently, his practice is focused on insurance bad faith litigation, and to a lesser extent on real estate and corporate/business law. Mr. Shaw earned his B.A. degree from Brigham Young University and his J.D. degree from Golden Gate University. He is admitted to U.S. Tax Court and the United States Supreme Court.

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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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