Understand how punch lists are used in connection with substantial and final completion of construction projects.
Industry professionals usually think of a punch list as a list of work items to be completed at the end of the job. This topic reviews how a punch list is used and its impact on the legal and contractual rights of project participants. Many construction participants do not understand how punch work relates to substantial completion, delay damages, the release of retention and final completion, statutory definitions of completion, and lien-related deadlines. This topic explains how punch lists get used in connection with substantial and final completion and how an owner protects themselves when punch list work remains at the end of a job. In addition, under state laws, project completion triggers the filing periods for mechanic's liens, stop payment notices, and notices of completion. This topic addresses the thorny issue of whether punch items prevent statutory interpretations of completion. Punch lists can also be the source of disputes. For example, you may have a contractor that contends that the owner is demanding punch work that exceeds contract requirements and industry standards; then you have the owner that refuses to release retention due to claimed incomplete punch list work. This material offers practical advice on how to analyze these issues. Learn how to comply with contract requirements and how to protect legal rights.
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Agenda
What Is a Punch List?
How the Punch List Intersects With Several Closeout and Completion Issues
- Substantial and Final Completion
- Final Payment and Release of Retention
- Impact on Delay Damages
- Interplay With Statutory Definitions of Completion
- Lien Recording and Related Deadlines
- Excessive Punch Claims by Contractors
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on March 25, 2025.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Robert G. Campbell
Cox, Castle & Nicholson LLP
- Partner in the Century City office of the California law firm Cox, Castle & Nicholson LLP
- Has practiced construction law for 41 years and has tried and arbitrated numerous construction disputes to judgments
- Clients are project owners, prime contractors, design professionals, construction managers, construction lenders, subcontractors, and other project participants in disputes ranging broadly in size and sophistication on both public and private works
- Among the claims categories he resolves are scope of work disputes, design professional liability, delay, disruption, productivity, mechanic’s lien and bond enforcement, disputed change orders, defective work, terminations, differing site conditions, licensing, and bid protests
- Recognized as a leading construction lawyer: Who’s Who Legal: Construction, 2017-2023; Southern California Super Lawyers, 2012-2023; and recommended attorney, real estate - construction, Legal 500 USA, 2017-2023
- J.D. degree, University of Southern California; B.A. degree, University of California, Los Angeles
- Can be contacted at [email protected] or 310-284-2259
Bryan Forbes, PE
Primus Consultants, Inc.
- President of Primus Consultants and an experienced claim analyst and expert witness in the construction field
- Industry experience includes heavy civil works construction projects, commercial projects, and residential; this extensive hands-on field experience provides the foundation of his ability as a claim analyst and expert witness
- Has testified more than 60 times as an expert witness on a variety of project types, including transportation, mass excavation, commercial structures, infrastructure, and residential buildings
- Participated in numerous negotiation sessions between owners and contractors, as well as between contractors and subcontractors
- As a testimonial expert, he has developed exceptional presentation skills that allow for concise and clear delivery of opinions and findings in all venue types
- B.S. degree in civil engineering, University of California, Irvine
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