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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.
- 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
- Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points
- Change Orders and Extra Work - Payment Issues Disentangled
- Determining Responsibility and Remedy for Delays
- Indemnification Disputes - What is the Scope and Meaning of the Contractual Clause?
- Addressing Differing Site Conditions
- Coverage for Construction Defects Under CGL Policies
- Negotiating Damages in Construction Disputes
- Ethics for Construction Attorneys
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Illinois CLE |
|
6 Total | 02-12-2027 |
| Indiana CLE |
|
6 Total | 02-13-2026 |
Select Jurisdiction
CLE
Agenda
-
Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points
- Payment Clauses
- Pass-Through Clauses
- No Damage for Delay Clauses
- Performance and Timing Clauses
- Project Termination Clauses
- Liquidated Damages Clauses
-
Change Orders and Extra Work - Payment Issues Disentangled
- Real vs. Perceived Changes
- Undocumented Oral Change Orders
- Changes Due to Defective Plans and Specifications
- Previously Unknown Site Conditions
- Additional, Unauthorized, or Non-Conforming Work
- Change by Outside Forces: Market Shifts, Zoning Issues, etc.
- Change Order Impact Costs
-
Determining Responsibility and Remedy for Delays
- Excusable vs. Inexcusable Delays
- Compensable vs. Non-Compensable Delays
- Untangling Concurrent Delays
- Necessary Documentation
- Drafting a Recovery Schedule
- Applying a Waiver or "No Damage for Delay" Clause
-
Indemnification Disputes - What is the Scope and Meaning of the Contractual Clause?
- Types of Indemnity Clauses
- Detecting Illegal and Unenforceable Language
- How Courts Construe Indemnity Clauses
- Factoring in State Anti-Indemnification Statutes
- Determining Duty to Defend
-
Addressing Differing Site Conditions
- Differing Site Conditions
- The "Differing Site Conditions" Clause
- Recovering for Differing Site Conditions
- Common Types of Differing Site Conditions
- Conditions Not Typically Covered
- Bars to Recovery, Contractor and Owner Responsibilities
- Contractor Duty to Investigate Site
- Owner Disclaimers
- Contractor Notice Requirements
- The Contract Without a "Differing Site Conditions" Clause
- Owner Misrepresentation
- Duty to Disclose Superior Knowledge
- Circumstances When Claim Denied
- Differing Site Conditions
-
Coverage for Construction Defects Under CGL Policies
- Treating Defective Construction as an Occurrence
- Business Risk Exclusions and Subcontractor Exception Removal
- Avoiding the Known Risk Provision
- Voluntary Remediation and the "Legally Obligated" Requirement
- The Total Pollution Exclusion - How Total is it?
-
Negotiating Damages in Construction Disputes
- Distinguishing Direct and Consequential Damages
- Calculating Acceleration Damages
- Reducing Damages by Claiming Betterment
- Non-Monetary Remedies to a Construction Dispute
- Preserving Business Relationships While Negotiating Damages
-
Ethics for Construction Attorneys
- Client Authority
- Contractual Claims for Attorneys' Fees/Expenses
- Dealing With Unrepresented Persons
- 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 and paralegals.
Speakers
Speaker bio
Nathaniel M. Uhl
is a construction litigator, assisting all types of parties involved in construction projects resolve disputes through negotiation, arbitration and litigation. Nate has experience litigating various sorts of construction claims, including claims related to defective work, insurance coverage, and termination of contracts. He has considerable experience with construction defect claims, including disputes regarding roofing systems, waterproofing, post-tensioned concrete systems, subsidence, insulated metal panels, and steel framing. He has also handled a number of payment disputes, including disputes related to delay/acceleration claims, mechanic’s liens, and payment/performance bond claims. Nate also has experience drafting and negotiating construction contracts on behalf of owners, construction managers, general contractors and subcontractors. He earned his B.A. degree, cum laude, from Hanover College and his J.D. degree, cum laude, from the Indiana University School of Law-Bloomington.
Speaker bio
Michael F. Drewry
is a partner in the Carmel, Indianapolis and Crown Point construction, business and litigation law firm of Drewry Simmons Vornehm, LLP. He practices in construction law and litigation, public contract law and surety law. Mr. Drewry represents public and private owners and agencies, general contractors, construction managers, design builders, trade and specialty contractors, subcontractors, material suppliers, design professionals and construction sureties. He also is the firm's managing partner. Mr. Drewry has written numerous articles and seminar manuals on a broad range of construction law topics. He is a frequent lecturer for construction trade association conferences and construction law seminars for the legal community and construction industry (both as program chairman and as author and speaker). Mr. Drewry is a member of the Indianapolis, Indiana State Bar Association (chairman, Construction & Surety Law Section) and American Bar Association (member, Forum Committee on the Construction Industry, Public Contract Law Section, and Fidelity and Surety Law Subcommittee). He earned his B.A. degree, with highest distinction, from Purdue University; M.A. degree from the University of Minnesota; and his J.D. degree, magna cum laude, from Indiana University School of Law.
Speaker bio
Evan M. Norris
is an attorney with Drewry Simmons Vornhem, LLP. He concentrates his practice in the areas of construction litigation, premises liability, and coverage actions. Mr. Norris has represented clients who have been named in catastrophic accidents, including transportation and construction matters that center on claims of negligent design, construction, and maintenance defects. He also has considerable experience representing governmental officials in a wide variety of actions ranging from intentional torts to wrongful death claims. Mr. Norris earned his B.S. degree from Indiana State University and his J.D. degree from Indiana University, Robert H. McKinney School of Law. He is a member of the Defense Trial Counsel of Indiana; Boone County Racial Diversity Coalition, board member; Boone County Racial Diversity Coalition; officer-assistant secretary; The Federalist Society Indianapolis Chapter, member; and White River Alliance, board member. He is admitted to practice in Indiana, Indiana Supreme Court and U.S. District Court Northern and Southern districts of Indiana.
Speaker bio
Jeffrey M. Kraft
is an attorney with Drewry Simmons Vornhem, LLP. He concentrates his practice in construction law and general civil litigation. Mr. Kraft has experience representing individuals and businesses across the construction industry (owners, developers, general contractors, subcontractors, architects, engineers, surveyors, etc.), in a wide range of construction-related claims, including design/construction defect claims, performance/payment disputes, lien actions, breach of contract claims, professional liability claims, personal injury claims (job-site injuries, slip-and-falls, car accidents), defamation claims, breach of non-compete/confidentiality agreement claims, and environmental compliance/site cleanup claims. Mr. Kraft earned his B.A. degree from University of Notre Dame and his J.D. degree from Indiana University Maurer School of Law. He is a member of the Indiana State Bar Association, Defense Research Institute and Defense Trial Council of Indiana.
Speaker bio
Joseph M. Leone
is a partner in the Indianapolis law firm of Drewry Simmons Vornehm, LLP, with a concentrated practice in the areas of construction and public contract law. He represents all participants in the construction industry, including public and private owners, general contractors, construction managers, design-builders, and trade contractors in drafting and negotiating contracts, providing general counsel, and in all types of performance and payment dispute resolution. Mr. Leone earned his B.S. degree from Purdue University and his J.D. degree from the Indiana University McKinney School of Law. Through his practice and his prior experience in the construction industry, he has developed particular expertise in alternative project delivery systems such as Integrated Project Delivery (IPD), construction management, both agency and at risk, and design-build. He is a member of the American Bar Association (member, Forum Committee on the Construction Industry; Public Contract Law Section), Indiana State Bar Association (past chairman, Construction and Surety Law Section), Indiana Construction Association, and Associated General Contractors of America (vice chair, Contract Documents Forum). Mr. Leone is a frequent author and lecturer and conducts continuing education classes for contractors, architects, engineers, and other lawyers on construction law related topics.
Speaker bio
Tyler Jones
is an attorney at Drewry Simmons Vornehm, LLP. He concentrates his practice in civil litigation and risk management. Mr. Jones' areas of focus include construction, personal injury, commercial litigation, labor and employment, transportation law and appellate practice, among others. He earned his B.A. degree from Indiana University and his J.D. degree summa cum laude from Indiana University, Robert H. McKinney School of Law.
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