Learn how to recognize, file, prove, negotiate, and win construction contract claims.
Inherent in all construction projects are the uncertainties that may cause cost overruns and extended time of performance. To manage these risks the parties, need to identify the potential risks that may be encountered, assign responsibility for managing or minimizing the risk (among contracting parties or shift to a third party), and implement a plan to avoid or minimize the potential impact of such risks. When disputes arise, the successful defense/resolution of a claim is dependent upon the level of information that can be gleaned from the project record and the manner in which this information is presented so as to clearly and concisely articulate, to both a trier of fact and the opposing party, the basis for the position offered. Drawing upon the knowledge and experience gained over the years on prior assignments and having seen the issues from both sides of the table, this material will discuss the steps necessary to productively and effectively cut through the documentation and address the heart of the problems and better understand the strengths and weaknesses of all parties' respective positions.
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Agenda
Introduction
- Construction Claims Process
Construction Litigation Process - Overview of the Different Forums That May Be Specified or Utilized to Resolve Disputes and What to Expect and How to Prepare
- Disputes Review Boards
- Mediation
- Arbitration
- Trial
Alternative Contract Delivery Systems - How the Type of Contract Delivery System Selected Impacts the Ability of the Parties to Timely Resolve Disputes
- Design-Build
- Design Assist
- Progressive Design-Build
- Design-Bid-Build
- Construction Manager at Risk
- Multiple Prime Contracts
Steps to Minimize the Occurrence and Severity of Disputes
- Understanding Parties' Contractual Responsibilities
- When to Notify Other Parties of Potential Claim
- Importance of Proper Recordkeeping
- Why Claims Are Not Resolved at the Project Level
Key Elements of Presenting/Defending a Construction Claim
- Establishing a Cause-Effect Analysis
- Evaluating Strengths and Weaknesses of All Parties
- Third-Party Trier of Fact - Lessons Learned
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Why Lorman?
Over 37 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 December 5, 2024.
Call 1-866-352-9540 for further credit information.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 67 Minutes.
- NJ CLE 1.3
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- WI CLE 1.0
- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- HI CLE 1.0
- NJ CLE 1.3
- VT CLE 1.0
- WV MCLE 1.3
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 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
James F. Gallagher, P.E., F.ASCE
Resolution Management Consultants, Inc.
- Principal with Resolution Management Consultants, Inc. possessing over 37 years of engineering, project/construction management, estimating, scheduling, and construction claims analysis experience
- Practice emphasizes all areas of construction/project management dispute avoidance and construction claims resolution
- Presenter of numerous programs to various public agencies and to the general public on topics of claims avoidance and dispute resolution
- Past Chairman of ASCE’s Transportation & Development Institute Highway Construction Committee
- Past Liaison for Associated General Contractors/National Association of State Facilities Administrators
- Member of the Committee on Contract Law for the Transportation Research Board
- Licensed/Registered Professional Engineer in 16 states
- Fellow, American Society of Civil Engineers (ASCE)
- B.S. degree in Civil Engineering, Drexel University
- Can be contacted at 800-390-8800 or [email protected]
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Why Lorman?
Over 37 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.
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