Learn how to navigate the complexities of a breach of construction contracts.
Sometimes even the best laid plans go awry and the unexpected can happen on a construction project that could affect your bottom line. Payments may suddenly stop, there could be a major change in the conditions at the project, or your subcontractor may make a substantial mistake. Once that happens, you will need to move quickly to protect your rights and mitigate any potential losses. In this material, experienced construction litigation attorneys Mark B. Grzymala and Brandon Hummel will navigate you through this complex area of law. They will provide a brief overview of the most important risk allocation provisions contained in construction contracts and what types of breaches most often arise and under what circumstances. They will then focus on identifying the types of damages available in the event of a breach, when contract termination is appropriate, what proof is necessary to recover damages, and the likelihood of recovery under various contract breach theories. During the last part of the material, they will discuss best practices for drafting a construction contract to minimize risks and to maximize recovery.
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Agenda
Overview
- Contract Requirements
- Form Contracts vs. Manuscript Contracts
- Breach Elements
Common Breaches
- Failure to Pay
- Defects
- Disagreement on Scope of Work
- Delays/Disruption/Acceleration
- Tort (Property Damage or Personal Injury)
- Warranty Claims
- Indemnity Claims
- Failure to Procure Insurance Claims
- Fraud
- Contract Termination
Damages
- Measuring and Quantifying Damages
- Compensatory
- Consequential
- Liquidated Damages and Penalties
- Proving the Damages and What's Recoverable
Drafting Considerations
- Limit Consequential Damages
- Waiver of Subrogation
- Payment and Project Schedules
- Indemnification
- Warranty
- Insurance and Bonding Requirements
- Attorney's Fees
- Dispute Resolution (Mediation, Arbitration, Litigation, Choice of Law)
Other Remedies
- Tort Claims Not Barred by the Economic Loss Doctrine
- Mechanics Liens
- Bond Claims
- Severin Doctrine (Subcontractor Pass Through Claims)
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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 August 15, 2019.
Call 1-866-352-9540 for further credit information.
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
Mark B. Grzymala
Grzymala Law Offices, P.C.
- Principal of Grzymala Law Offices, P.C. and focuses his practice in commercial litigation and construction law
- Represents a variety of clients from the small business owner to Fortune 500 companies
- Experienced litigator representing all players on a construction project with respect to mechanics lien foreclosures, bond claim enforcement, construction defects and delays, breach of contract, and consumer fraud
- Named as a Rising Star by Super Lawyers magazine in 2016, and as a Super Lawyer in construc-tion litigation from 2017 through 2025
- Frequent speaker on construction law issues and author of several articles on contractor rights
- Member of the ABA Construction Law Forum on serves on Steering Committee for division 9 – Subcontractors and materials suppliers
- Serves as co-chair of the Illinois State Bar Association Construction Law Council
- Charter Fellow of the Construction Lawyers Society of America
- National Director of the Polish American Congress
- J.D. Degree, Chicago-Kent College of Law; B.A. Degree, University of Illinois at Urbana-Champaign
- Can be reached at 847-920-7286 or https://grzymalalaw.com
Brandon G. Hummel
Hummel Law Group
- Founder and owner of Hummel Law Group and focuses his practice in commercial litigation, con-struction law, insurance coverage litigation and counseling (for policyholders), real estate law, and land use law
- Experienced litigator representing all parties on construction projects with respect to enforcement and defense of mechanics lien and bond claims, enforcement and defense of construction defect and delay claims, assertion and defense of breach of contract claims, and resolution of insurance coverage disputes
- Peer selected as a Leading Lawyer in commercial litigation, construction law, and real estate law by Law Bulletin Publishing in 2019 and 2018 and an Emerging Lawyer by Law Bulletin in the same disciplines in 2015, 2016, and 2017
- 2017-2019 Lorman Platinum Distinguished Faculty Member
- J.D. degree, Northwestern University School of Law; B.A. degree, The Johns Hopkins University
- Can be contacted at 312-599-2806 or [email protected]
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Why Lorman?
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