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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
- Overview of the Construction Process
- Ethics for Construction Attorneys
- Construction Contracts
- Understanding Subcontract Terms and Flow-Through Clauses
- Mechanic's/Construction Liens and Payment Issues
- Insurance Basics for the Construction Attorney
- Changes and Delays in Construction Projects
- Construction Lawsuit Basics
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| New York CLE |
|
7 Total | 03-14-2028 |
| Pennsylvania CLE |
|
6 Total | 03-14-2027 |
Select Jurisdiction
CLE
Agenda
-
Overview of the Construction Process
- Applicable Law, Regulations, and Statutes
- Different Types of Project Delivery Systems and Responsibilities
- Roles of Parties and How They Interact
-
Ethics for Construction Attorneys
- Rules of Professional Conduct
- Conflicts of Interest
- Confidentiality
- Attorney Fees
- Avoiding Malpractice
-
Construction Contracts
- Overview of Contract Terms and Language
- AIA Contracts
- ConsensusDocs and Other Standard Contracts
- Allocating Risk Within Your Contract
- Drafting Basics
- Contract Clauses and Key Provisions You Need to Know
- Payment
- Scope of Work
- Substantial Completion
- Other Essential Clauses
-
Understanding Subcontract Terms and Flow-Through Clauses
-
Mechanic's/Construction Liens and Payment Issues
- How Liens Work
- Preliminary Lien Requirements
- Filing a Lien
- Understanding Public vs. Private
- Bonds and Surety Claims
- Enforcement
-
Insurance Basics for the Construction Attorney
- Risk Allocation
- Workplace Accidents and Injuries
- "Trigger of Coverage" Basics
- What is (and is not) Covered Under CGL Policies
- Additional Insurance Considerations
-
Changes and Delays in Construction Projects
- Handling Change Orders
- Documenting Changes and Extra Work
- Excusable, Concurrent, or Inexcusable
- Deficient Plans or Specifications: Design vs. Performance
- Damages
-
Construction Lawsuit Basics
- Types of Claims
- Time Requirements
- Documentation Requirements
- Dispute Resolution-Arbitration/Mediation
Who Should Attend
This basic level online seminar is designed for:
- Attorneys
- Construction Professionals
- Paralegals
Speakers
Speaker bio
Mark A. May
is a shareholder at Dentons. He is a litigator with 25+ years of experience. He actively represents clients in complex, commercial litigation matters. Mr. May has extensive experience in using mediation, appraisal, arbitration, and litigation to obtain and monetary and non-monetary recoveries, settlements, awards, and verdicts for his clients. Mr May has the unique experience of litigating on behalf of insurance companies and policyholders. He has secured dismissals of insurance coverage actions brought against his insurance clients. Previously, Mr. May counseled and litigated on behalf of policyholder to maximize insurance recoveries under, among others, property, errors and omissions, product recall, commercial general liability, business interruption, and equipment breakdown coverages. Mr. May has represented his clients' insurance interests in numerous industries, including in the construction, manufacturing, mining, glass, steel, publishing, and food industries. He has litigated on behalf of and defended his clients against claims of breach of contract, tortious interference, fraud, unjust enrichment, estoppel, and misappropriation of trade secrets as well as many other causes of action. Mr. May earned his B.A. degree from Pennsylvania State University and his J.D. degree, cum laude, from University of Pennsylvania Law School.
Speaker bio
Thomas R. Hurd
is a partner of the Philadelphia office of McElroy, Deutsch, Mulvaney & Carpenter, LLP, where his main areas of practice are construction, medical malpractice, personal injury and products liability. He has spoken for various professional groups on his areas of practice. Mr. Hurd is a member of the Philadelphia Bar Association, Pennsylvania (treasurer, Civil Litigation Section), and New Jersey State (Construction and Public Contract Law Section) bar associations. He earned his B.S. degree, cum laude, from the University of Illinois and his J.D. degree, with high honors, from Rutgers-Camden School of Law.
Speaker bio
Gary P. Hunt
is a shareholder at Tucker Arensberg, P.C. in Pittsburgh, Pennsylvania. Mr. Hunt's practice consists primarily of complex litigation, including construction litigation such as issues relating to defective construction, construction delays, contractor, architect and owner contract disputes, and defective materials. He has represented parties in construction disputes involving the construction of manufacturing plants, utility plants, gas processing plants, hospitals, pipelines and a large jail, and he has represented parties in home construction, road construction and other such disputes. He regularly serves as a mediator and arbitrator in a broad range of matters. He earned his undergraduate degree from Notre Dame and his law degree from the University of Pittsburgh, where he graduated Cum Laude and was a member of the Order of the Coif. He is perennially recognized in America's Best Lawyers in Construction law and 4 other categories, including Bet-the-Ranch litigation. He was recently named to the Forbes Magazine's list of 200 Best Lawyers in the United States.
Speaker bio
John Gazzola
is an attorney at Troutman Pepper Hamilton Sanders LLP. He concentrates his practice in the areas of litigation and arbitration associated with construction projects. Mr. Gazzola represents project owners, developers, EPC contractors, design-builders, construction managers, general contractors, subcontractors, and material suppliers in disputes arising from a wide array of construction projects, including mass transit systems, renewable energy projects, pipelines, colleges and universities, medical facilities, senior living facilities, museums, quarries, hotels, and other large commercial buildings. In addition to representing clients in dispute resolution proceedings, he assists clients with contract drafting, review, and negotiation. Mr. Gazzola also provides counsel on issues arising throughout the lifetime of construction projects, including preservation of claims and defenses, dispute avoidance, negotiations, and formal and informal dispute resolution. He has substantial experience litigating and defending mechanics' lien actions and issues. He frequently contributes to the firm's construction litigation blog and is a member of the American Bar Association's Forum on Construction Law. Mr. Gazzola earned his B.A. degree from Harvard University and his J.D. degree, summa cum laude, from Rutgers Law School.
Speaker bio
Michael Metz Topodas
is a partner at Saul Ewing LLP. He represents clients in construction-related litigation and disputes and counsels them on construction law matters. Mr. Topodas' practice also focuses on occupational safety and health administration (OSHA) regulatory compliance and citation defense for construction and industrial clients. In representing general contractors, subcontractors, owners, designers, and suppliers on private, public and federal projects, he handles construction disputes involving delay and inefficiency claims, design and construction defects, unforeseen site conditions, project scope disputes, bid protests, and payment claims, including mechanics liens, bond claims, and Miller Act claims. Mr. Topodas handles litigation in both federal and state courts and alternative dispute resolution forums, and he has first-chair experience in trials, arbitration proceedings, and OSHA citation contest hearings. His work begins with pre-litigation counseling and case assessment and he stays with matters through their final resolution, whether by mediation or settlement, trial or arbitration hearing, or appeal. Mr. Topodas earned his B.A. degree, with distinctions, from Swarthmore College and his J.D. degree, magna cum laude, from Temple University James E. Beasley School of Law.
Speaker bio
Peter L. Ostermiller
is a sole practitioner concentrating in legal ethics and professional responsibility matters. He represents attorneys in disciplinary and reinstatement proceedings, judges in judicial ethics matters, and bar exam applicants. Mr. Ostermiller has also represented parties in attorney's fee dispute proceedings, and attorneys in legal proceedings in which sanctions have been sought against the attorney. He has represented parties in attorney disqualification proceedings and counseled lawyers and law firms in their respective rights, responsibilities and duties to other attorneys and their clients. Mr. Ostermiller is a member of the Kentucky Bar Association, Louisville Bar Association and Association of Professional Responsibility Lawyers. He served on the Kentucky Bar Association's Ethics 2000 Committee, which proposed changes to the Rules of Professional Conduct to the KBA, and resulted in the July 2009 revisions to the ethics rules. Mr. Ostermiller earned his B.A. and J.D. degrees from the University of Louisville.
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