Construction Law

MO Specific

Missouri Construction Law: Advanced Issues and Answers

Credits Available
Credit Status Total
Illinois CLE Approved 6 Total
Missouri CLE Approved 6 Total
OnDemand
5 hours 59 minutes
Luke Maher
Timothy Walsh
William Thomas
Clayton Fielder
With Luke Maher from Norton Rose Fulbright US LLP + 3 others
Recorded June 04, 2024
Product ID 98361

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

Related Topics

Product ID 98361

Credit Details

Credits Available
Credit Status Total
Illinois CLE Approved 6 Total
Missouri 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. 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

  4. 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

  5. Commercial General Liability Policies - Who is Insured and Coverage for Construction Defects

    1. The Certificate of Insurance
    2. Additional Insured Issues and Answers
    3. Treating Defective Construction as an Occurrence
    4. Business Risk Exclusions and Subcontractor Exception Removal
    5. Avoiding the Known Risk Provision
    6. Voluntary Remediation and the "Legally Obligated" Requirement
    7. The Total Pollution Exclusion - How Total is it?

  6. 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

  7. Ethics for Construction Attorneys

    1. Client Authority
    2. Contractual Claims for Indemnity/Attorneys' Fees/Expenses
    3. Dealing With Unrepresented Persons
    4. Ethical Concerns as "Attorney for the Project"
    5. Joint Defense Posture and Agreements
    6. Advising on and Handling Client Ethical Obligations
    7. Ethical use of Artificial Intelligence in Construction Claims Handling

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

Luke Maher
Luke
Maher
Norton Rose Fulbright US LLP
Timothy J Walsh
Timothy J.
Walsh
Norton Rose Fulbright US LLP
William Thomas
William
Thomas
Gausnell O'Keefe Thomas
Clayton T Fielder
Clayton T.
Fielder
Hennessy & Roach, P.C.
Speaker bio
Luke Maher

Luke Maher

Norton Rose Fulbright US LLP
Luke Maher

is a partner at Norton Rose Fulbright US LLP. Mr. Maher focuses his dispute resolution and litigation practice on commercial litigation, with a particular emphasis on construction disputes. He advises public and private clients in a number of industries including construction, finance, franchise, insurance, manufacturing, real estate, and transportation. Mr. Maher has significant experience in the courtroom, including federal trial experience. He has litigated in state and federal courts at both the trial and appellate levels, and also has extensive arbitration and mediation experience. In addition to his disputes practice, Mr. Maher represents clients in negotiation and drafting of development, construction, design, engineering, and related agreements. He represents owner, developer, and contractor clients in public and private construction projects, including hotels, energy and power plant facilities, condominium and multifamily residential housing developments, healthcare facilities, entertainment complexes, and shopping centers. Mr. Maher also advises owner, developer and contractor clients involved in ongoing construction projects with respect to preservation of contract claims and defenses and best practices for preparing for impending dispute resolution. He is a member of the Illinois State Bar Association and The Missouri Bar. He earned his B.A. degree in management information systems from the University of Notre Dame and his J.D. degree from St. Louis University School of Law.

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Speaker bio
Timothy J Walsh

Timothy J. Walsh

Norton Rose Fulbright US LLP
Timothy Walsh

is a partner at Norton Rose Fulbright US LLP, where he practices in the areas of front end construction, contract development project and dispute resolution. He represents owners, developers, contractors, and design professionals in public and private construction projects and represents owners, contractors, and design professionals in negotiation and drafting of development, design, engineering, construction, and related agreements including advice on partnering and integrated project delivery (IPD) contracts, trade labor and project labor matters, insurance, intellectual property protection, land use and zoning, environmental and building code regulations, professional licensing issues and accessibility laws. Mr. Walsh is a member of the Illinois State Bar Association and The Missouri Bar. He earned his B.A. degree, cum laude, from the University of Missouri, Columbia; and his J.D. degree from Washington University School of Law.

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Speaker bio
William Thomas

William Thomas

Gausnell O'Keefe Thomas
William Thomas

is an attorney with Gausnell, O'Keefe & Thomas, LLC, where his practice is focused on construction law, commercial liability, transportation, design, professional liability and product liability. He has been a frequent lecturer and author for numerous presentations relating to his areas of practice. Mr. Thomas is licensed to practice in Missouri and Illinois. He is a member of The Missouri Bar (Construction Law Committee), The Bar Association of Metropolitan St. Louis, Missouri Organization of Defense Lawyers, Lawyers Association St. Louis (President, 2008 - 2009, and Defense Research Institute (Construction Law Committee, Building Products SLG). Mr. Thomas earned his B.A. degree from the University of Notre Dame and his J.D. degree from St. Louis University.

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Speaker bio
Clayton T Fielder

Clayton T. Fielder

Hennessy & Roach, P.C.
Clayton Fielder

is an attorney with Hennessy & Roach, P.C. He has represented employers, businesses, trucking companies, manufacturers, individuals, and insurers in Missouri and Kansas. His clients range from small and mid-size proprietorships to large Fortune 500 corporations. Mr. Fielder defends clients in both civil litigation and workers' compensation claims. He handles all aspects of the litigation process from case initiation through trials and appeals. Mr. Fielder joined Hennessy & Roach in 2019 in the firm's Overland Park office and serves as the chair of the firm's Kansas general liability practice group, chair of the firm's product's liability practice group, and co-chair of the firm's restaurant, retail and hospitality practice group. He earned his B.A. degree at Drury University and his J.D. degree at the University of Missouri, Kansas City. Mr. Fielder is licensed in Missouri and Kansas, and is admitted to the Kansas bar, the Missouri bar, and the United States District courts for both Missouri and Kansas. He has significant trial experience in Missouri and Kansas state courts, Missouri and Kansas Divisions of Workers' Compensation, and has argued before both the Missouri and Kansas Court of Appeals. Following Mr. Fielder's first jury trial, his jury instructions were published in Missouri's approved instructions. He is a member of Kansas City Metropolitan Bar Association, Transportation Lawyers Association, and the National Retail & Restaurant Defense Association.

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Are multiple attendee discounts available?
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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The OnDemand Video will be available to stream within 14 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
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When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
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