Construction Law

SC Specific

South Carolina Construction Law From Start to Finish

Credits Available
Credit Status Total
South Carolina CLE Approved 6 Total
OnDemand
5 hours 57 minutes
Kirkley White
Christopher Ogiba
William DesChamps
Andrea McDonald
Daniel Fuerst
Emily Sheets
With Kirkley G. White from Copeland, Stair, Valz & Lovell, LLP + 5 others
Recorded January 14, 2025
Product ID 99626

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Overview

Walk Through the Basics of Construction Law

Whether you are new to the construction practice or are looking for a comprehensive refresher, this online seminar will cover multiple issues that must be taken into consideration in the realm of construction law. Join our experienced faculty as they cover a broad, basic overview of the construction process; the fundamentals of construction contracts and key provisions; the basics of insurance; and the impact changes and delays can have on a construction project. Don't miss this opportunity to build your skills in construction law - register today!

  • Learn the roles of all parties involved in the construction process.
  • Discuss the critical elements that need to be included in comprehensive construction contracts.
  • Discuss how mechanic's liens work and how to properly file a lien.
  • Walk through the fundamentals of insurance and its importance in construction.
  • Learn how delays can impact a construction project and how to work through them if they arise.
  • Run through the claims process in construction cases.

Abbreviated Agenda

  1. Overview of the Construction Process
  2. Construction Contracts
  3. Understanding Subcontract Terms and Flow-Through Clauses
  4. Mechanic's/Construction Liens and Payment Issues
  5. Insurance Basics for the Construction Attorney
  6. Changes and Delays in Construction Projects
  7. Ethics for Construction Attorneys
  8. Construction Lawsuit Basics
Product ID 99626

Credit Details

Credits Available
Credit Status Total
South Carolina CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Overview of the Construction Process

    1. Applicable Law, Regulations, and Statutes
    2. Different Types of Project Delivery Systems and Responsibilities
    3. Roles of Parties and How They Interact
  2. Construction Contracts

    1. Overview of Contract Terms and Language
    2. AIA Contracts
    3. ConsensusDocs and Other Standard Contracts
    4. Allocating Risk Within Your Contract
    5. Drafting Basics
    6. Contract Clauses and Key Provisions You Need to Know
      1. Payment
      2. Scope of Work
      3. Substantial Completion
      4. Other Essential Clauses
  3. Understanding Subcontract Terms and Flow-Through Clauses

  4. Mechanic's/Construction Liens and Payment Issues

    1. How Liens Work
    2. Preliminary Lien Requirements
    3. Filing a Lien
    4. Understanding Public vs. Private
    5. Bonds and Surety Claims
    6. Enforcement
  5. Insurance Basics for the Construction Attorney

    1. Risk Allocation
    2. Workplace Accidents and Injuries
    3. "Trigger of Coverage" Basics
    4. What is (and is not) Covered Under CGL Policies
    5. Additional Insurance Considerations
  6. Changes and Delays in Construction Projects

    1. Handling Change Orders
    2. Documenting Changes and Extra Work
    3. Excusable, Concurrent, or Inexcusable
    4. Deficient Plans or Specifications: Design vs. Performance
    5. Damages
  7. Ethics for Construction Attorneys

    1. Rules of Professional Conduct
    2. Conflicts of Interest
    3. Confidentiality
    4. Attorney Fees
    5. Avoiding Malpractice
  8. Construction Lawsuit Basics

    1. Types of Claims
    2. Time Requirements
    3. Documentation Requirements
    4. Dispute Resolution-Arbitration/Mediation

Who Should Attend

This basic level online seminar is designed for:

  • Attorneys
  • Construction Professionals
  • Paralegals

Speakers

Kirkley G White
Kirkley G.
White
Copeland, Stair, Valz & Lovell, LLP
Christopher A Ogiba
Christopher A.
Ogiba
Moore & Van Allen, PLLC
William G DesChamps IV
William G.
DesChamps, IV
Parker Poe
Andrea L McDonald
Andrea L.
McDonald
Womble Bond Dickinson (US) LLP
Daniel R Fuerst
Daniel R.
Fuerst
Moore & Van Allen
Emily C Sheets
Emily C.
Sheets
Copeland, Stair, Valz & Lovell, LLP
Speaker bio
Kirkley G White

Kirkley G. White

Copeland, Stair, Valz & Lovell, LLP
Kirkley White

is an attorney at Copeland, Stair, Valz & Lovell, LLP. With a focus on insurance defense, her extensive experience spans various areas, including general liability, construction defect, personal injury, premises liability, and coverage. Ms. White graduated, magna cum laude, from the Charleston School of Law. Prior to law school, she earned her undergraduate degree from the College of Charleston in 2011.

Speaker bio
Christopher A Ogiba

Christopher A. Ogiba

Moore & Van Allen, PLLC
Christopher Ogiba

is an attorney at Moore & Van Allen, PLLC. He is an experienced civil litigator and trial attorney who has successfully represented a wide variety of clients in state and federal court and in arbitrations. As the chair of the firm's Charleston litigation group, Mr. Ogiba has more than two decades of experience representing financial institutions, investment firms, technology companies, professional services networks, accounting and auditing firms, third-party human resource and administrative companies, manufacturers and distributors of industrial and consumer products, construction and bonding companies, retirement communities, real estate developers, and property owners' associations. He earned his B.A degree from Haverford College and his J.D degree, cum laude, from Cornell Law School.

Speaker bio
William G DesChamps IV

William G. DesChamps, IV

Parker Poe
William DesChamps

is a partner with Parker Poe, where he concentrates his practice on construction and commercial litigation. Mr. DesChamps advises homebuilders, developers, general contractors and owners on a variety of their construction and contract needs. He focuses his practice on complex construction defect litigation, as well as mechanics' lien and contract disputes, typically involving multifamily and single-family residential dwellings or large commercial properties. Mr. DesChamps earned his B.S. degree from Clemson University and his J.D. degree, magna cum laude, from Charleston School of Law, where he served as articles editor for the Charleston Law Review, and was the recipient of multiple CALI Awards. He is a member of the South Carolina Bar, Charleston County Bar Association, and the ABA Forum on Construction Law. Mr. DesChamps is admitted to practice in South Carolina.

Speaker bio
Andrea L McDonald

Andrea L. McDonald

Womble Bond Dickinson (US) LLP
Andrea McDonald

is an attorney Womble Bond Dickinson (US) LLP. She is a litigation associate with experience in both state and federal court and in arbitration. Ms. McDonald's practice includes a broad spectrum of commercial disputes with a particular focus on construction and complex litigation. As an attorney in the firm's business litigation group, she handles a variety of cases such as construction defect, payment, and contract disputes; insurance litigation; personal injury and wrongful death; business tort actions; intellectual property cases; and real property disputes. Ms. McDonald is a dedicated client advocate both in and outside the courtroom, also providing counsel in dispute avoidance, early resolution, and arbitration. She earned her B.A. degree, cum laude, from University of Wisconsin-Oshkosh; and her J.D. degree, magna cum laude, from University of South Carolina School of Law.

Speaker bio
Daniel R Fuerst

Daniel R. Fuerst

Moore & Van Allen
Daniel Fuerst

is an attorney at Moore & Van Allen. He has an extensive motions and litigation practice in South Carolina state and federal court in diverse areas of law, including commercial litigation, general liability, insurance coverage and bad faith, professional malpractice and ethics, premises liability, products liability, and civil rights. He has successfully obtained pre-discovery dismissal and summary judgment in dozens of cases on behalf of individuals, businesses, non-profits, health care providers, and governmental entities. He has been recognized by his peers as among the 2022 and 2023 Legal Elite in the Charleston Business Magazine. Additionally, he co-authored the South Carolina School Resource Officer Manual (2017 Edition) and was a member of the Charleston County Bar Association’s Engagement Committee in 2017 and 2018. He earned his B.A degree cum laude from College of Charleston and his J.D degree cum laude from Charleston School of Law.

Speaker bio
Emily C Sheets

Emily C. Sheets

Copeland, Stair, Valz & Lovell, LLP
Emily Sheets

is of counsel at Copeland, Stair, Valz & Lovell, LLP where she is focusing her practice on construction litigation. She has managed complex litigation cases from initiation to trial. Ms. Sheets also has extensive experience helping corporations establish risk management strategies and drafting contracts to support business growth and liability limitation. She is an active member of the Claims Litigation Management Alliance (CLM), South Carolina Bar, South Carolina Women's Lawyers Association, and the Charleston Bar Association. Ms. Sheets focused her education at Regent University School of Law on alternative dispute resolution, contract drafting, and trial advocacy. She was the president of the American Bar Association Law School Division, treasurer of the Student Bar Association and a member of the Business Transactions Law Society and Federalist Society. Ms. Sheets earned her B.A. degree from North Carolina State University and her J.D. degree from Regent University School of Law.

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