Construction Law

FL Specific

Florida Construction Law: Advanced Issues and Answers

Credits Available

There is no credit available on this course.
OnDemand
5 hours 47 minutes
Steven McCommon
Adam Richards
Pamela Patterson
Fay Ryan
With Steven R. McCommon from S.R. McCommon Law PLLC + 3 others
Recorded December 17, 2024
Product ID 99298

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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. Determining Who is Insured Under Commercial General Liability Policies
  6. Coverage for Construction Defects Under CGL Policies
  7. Negotiating Damages in Construction Disputes
  8. Ethics for Construction Attorneys

Related Topics

Product ID 99298

Credit Details

Credits Available

There is no credit available on this course.
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Agenda

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  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. 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. 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

  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

Steven R McCommon
Steven R.
McCommon
S.R. McCommon Law PLLC
Adam E Richards
Adam E.
Richards
Dickinson Wright PLLC
Pamela Patterson
Pamela
Patterson
Bitman O'Brien
Fay Ryan
Fay
Ryan
Butler Weihmuller Katz Craig LLP
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
Adam E Richards

Adam E. Richards

Dickinson Wright PLLC
Adam Richards

is a member of Dickinson Wright PLLC. He is board-certified in construction law by The Florida Bar, a distinction earned by less than 1% of Florida lawyers. Mr. Richards' passion lies in guiding clients through Florida's complex construction and development landscape, offering comprehensive support from negotiating agreements before a shovel hits the ground to dispute resolution efforts post-completion. Previously, he served as general counsel and vice president of operations for South Florida's largest residential roofing contractor. This invaluable experience deepened Mr. Richards' understanding of not only the construction industry, but of business, including operations, processes, management and customer service. His complex construction experience includes contract disputes, delays, non-payment claims, liens, bonds, defects, insurance claims/loss events, damages to property, catastrophic injuries/fatalities, and risk transfer/indemnity matters both pre-suit and in litigation. Mr. Richards earned his B.A. degree, cum laude, from Binghamton University and J.D. degree, cum laude, from University of Miami School of Law.

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Speaker bio
Pamela Patterson

Pamela Patterson

Bitman O'Brien
Pamela Patterson

is senior counsel at Bitman O'Brien, where she focuses on business law and litigation, construction law, consumer law, commercial litigation, employment law and intellectual property litigation. She earned her B.S. degree from Florida International University and her J.D. degree, magna cum laude, from Barry University School of Law.

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Speaker bio
Fay Ryan

Fay Ryan

Butler Weihmuller Katz Craig LLP
Fay Ryan

is a partner at Butler Weihmuller Katz Craig LLP where she devotes her Tampa practice to third-party coverage and extra-contractual matters. Within these practice areas, her numerous claims deal with construction defects, auto accidents, slip-and-falls, product liability, defamation, and more. Ms. Ryan has experience analyzing virtually all types of liability policies, including CGL, excess and umbrella, OCIP, commercial auto, personal lines, E & O, environmental, and reinsurance. In addition to providing coverage advice, She advises clients on good faith claims handling, including settlement in multi-claimant situations. Ms. Ryan has tried over 50 jury trials and approximately 30 non-jury trials. She graduated cum laude from Boston College with a Bachelor of Arts degree, and earned her Doctor of Jurisprudence, cum laude, from the University of Florida College of Law.

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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.
When will the OnDemand be available and how long will I have access to the content?
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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