Construction Law

4.44

Construction Disputes and Litigation: Start to Finish

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
OnDemand
5 hours 55 minutes
Luke Maher
Timothy Walsh
Alex Gurley
James McMahon
With Luke Maher from Norton Rose Fulbright US LLP + 3 others
Recorded November 11, 2025.
Product ID 99936

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Overview

The Step-By-Step Guide to Handling Construction Disputes

When disputes arise on their construction projects, your clients will come to you looking for a favorable resolution. This program will walk you through the basics of litigating and resolving construction claims. Our seasoned faculty will teach you how to calculate damages, clarify complex insurance and indemnification issues, and provide real-world advice on working with expert witnesses and evidence uncovered in discovery. Be prepared to handle construction disputes from initial claim to litigation and trial - register today!

  • Stop disputes before they begin by fine-tuning key contract provisions.
  • Know how to handle payment issues, bid protests, defects, and other common construction claims.
  • Support damage claims with air-tight proof of damages or loss.
  • Understand how limitation of liability clauses interact with insurance and indemnification provisions.
  • Draft and negotiate dispute resolution provisions that protect your clients.
  • Get practical tips on preparing the case for trial.

Abbreviated Agenda

  1. Drafting Construction Contracts to Avoid (or Prepare for) Disputes
  2. Construction Claims, Defenses, and Case Law
  3. Construction Damages (Including Delay Damages and Extras)
  4. Detangling Insurance, Indemnification, and LOL Clauses: Who's on the Hook?
  5. Expert Witnesses and Discovery in Construction Disputes
  6. Tools for Construction Dispute Resolution: Negotiation, Mediation, and Arbitration
  7. Construction Litigation & Trial: Real-World Tips and Tactics
  8. Legal Ethics for the Construction Lawyer

Related Topics

Product ID 99936

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Drafting Construction Contracts to Avoid (or Prepare for) Disputes

    1. The Most Common Construction Contract Issues
    2. Drafting to Avoid Ambiguities and Disputes
    3. Fine-Tuning the Dispute Resolution Provision

  2. Construction Claims, Defenses, and Case Law

    1. Payment Disputes
    2. Mechanics' Liens, Stop Payment Notices, Bond Claims
    3. Bid Protests
    4. Construction and Design Defect Claims
    5. Scope of Work Disputes
    6. Change Order Disputes
    7. Differing Site Conditions
    8. Impact Claims - Delays, Disruption, Acceleration, etc.
    9. Termination
    10. Other Types of Claims

  3. Construction Damages (Including Delay Damages and Extras)

    1. Damages Clauses in Construction Contracts
    2. Calculating Construction Damages
      1. Breach of Contract Damages
      2. Tort Damages
    3. Proof of Damage or Loss

  4. Detangling Insurance, Indemnification, and LOL Clauses: Who's on the Hook?

  5. Expert Witnesses and Discovery in Construction Disputes

    1. Using Experts in Construction Disputes
    2. Admissibility of Expert Testimony
    3. Discovery Pointers for Construction Cases
    4. Document Discovery - Bids, Contracts, Sub-Contracts, Policies, Design Documents, and More
    5. Privilege Issues
    6. Handling Emails and Other Digital Records
    7. Sample Forms and Discovery Checklists

  6. Tools for Construction Dispute Resolution: Negotiation, Mediation, and Arbitration

    1. Claim and Dispute Resolution Provisions in Contracts
    2. Claim Presentation and Negotiation
    3. Construction Mediation Strategies
    4. Arbitration: Pros, Cons, and Pointers

  7. Construction Litigation & Trial: Real-World Tips and Tactics

    1. Case Investigation and Pleadings
    2. Pre-Trial Strategy
    3. Jury Biases in Construction Litigation (and Questions to Draw Them Out)
    4. Presenting Testimony and Demonstrative Evidence
    5. Trial Motions
    6. Presenting Opening Statements and Closing Arguments
    7. Examining and Cross-Examining Witnesses

  8. Legal Ethics for the Construction Lawyer

    1. Conflicts of Interest
    2. Attorneys' Fees
    3. Confidentiality and Attorney-Client Privilege
    4. Honesty and Truthfulness

Who Should Attend

This program is designed for attorneys. Construction professionals and paralegals may also benefit.

Speakers

Luke Maher
Luke
Maher
Norton Rose Fulbright US LLP
Timothy J Walsh
Timothy J.
Walsh
Norton Rose Fulbright US LLP
Alex L Gurley
Alex L.
Gurley
Gurley Fant
James M McMahon
James M.
McMahon
RCC Family of Companies
Speaker bio
Luke Maher

Luke Maher

Norton Rose Fulbright US LLP
Luke Maher

is a partner at Norton Rose Fulbright US LLP. He focuses his dispute resolution and litigation practice on commercial litigation, with a particular emphasis on construction disputes. Mr. Maher advises public and private clients in a number of industries including construction, finance, franchise, insurance, manufacturing, real estate and transportation. Her has significant experience in the courtroom, including federal trial experience. Mr. Maher 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, he represents clients in negotiation and drafting of development, construction, design, engineering, and related agreements. Mr. Maher 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. He 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. Mr. Maher 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
Alex L Gurley

Alex L. Gurley

Gurley Fant
Alex Gurley

is a Florida Bar board-certified construction lawyer. He is an effective litigator who draws on his experience to help clients identify, prevent and resolve disputes, minimize legal and financial exposure, and negotiate strong construction contracts and transactional agreements. Mr. Gurley primarily focuses on issues and disputes related to the design and construction of private and public projects; Florida’s construction lien law; construction defects; contract negotiation and preparation; claims and notices under Chapter 558 of the Florida Statutes; condominium and homeowner association disputes; surety payment and performance bond claims under state bonding statutes and the Federal Miller Act. As part of his practice, he counsels owners (residential and commercial), developers, general contractors, and subcontractors, in all facets of a construction project. He also uses his experience and knowledge to assist with resolving claims involving insurance proceeds and insurance coverage. Mr. Gurley was born and has lived in Sarasota, Florida for most of his life. After earning his bachelor’s degree in finance from Florida State University, he earned his J.D. degree from the University of Florida. Mr. Gurley returned to Sarasota after law school because of his love for the outdoors, including fishing, diving, and golfing.

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Speaker bio
James M McMahon

James M. McMahon

RCC Family of Companies
James McMahon

is an attorney with the RCC Family of Companies. His practice focuses on construction law and litigation. Mr. McMahon is a member of the New Jersey State, New York State, and Massachusetts bar associations; the New Jersey State Bar Association's Construction Law Section; and the Federal District courts of New Jersey, New York, and the Third Circuit Court of Appeals. He is also an active member of the New Jersey Association of General Contractors and the New Jersey Utility and Transportation Contractors Association, serving on the Association's Legislative Affairs Committee. Mr. McMahon earned his B.A. and B.S. degrees from Boston College; and his J.D. degree, cum laude, from Suffolk University Law School.

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