Keep the project moving while protecting yourself from pitfalls and costly damage caused by problems with bad plans and specifications.
The mere identification of a design error or omission, in and of itself, may not warrant contractor entitlement to addi-tional cost or time. This information will help you better understand the issues that may be caused by construction drawings that contain errors and omissions, or ambiguous contract requirements. You will also better understand the steps required to successfully and timely resolve such design defect issues and how to minimize the potential for such defects to negatively impact the ability of the contractor to achieve completion of the project within the contrac-tual cost and time of performance constraints. In the instance that timely resolution of the issues caused by the de-sign defect cannot be accomplished, you will be provided an overview of the steps required to document and recover cost and time of performance impacts.
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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.
Agenda
Spearin Doctrine
- Overview of the Spearin Doctrine and What Protections It Provides for the Contractor
- The Extent to Which the Contractor May Be Responsible for Failing to Recognize an Obvious Defect in the Design Documents
- Review of Contractual Provisions That May Shift the Burden for the Contractor to Verify the Accuracy of Specific Design Documentation
Identification of Design Error or Omission
- The Steps That Should Be Followed by the Contractor Upon Identification of a Design Error or Omission in the Drawings and/or Specifications:
- Pre-Bid
- Significance of Order of Precedence Clause
- Incorporating Bid Exceptions and Clarifications
- Attendance of and Participation in PreBid Meetings
- Post-Award
- Notice Requirements
- Change Order Request
- Responsibility to Mitigate Impact
Recovery of Impact Cost and Lost Time
- Should a Dispute Arise, an Overview of Steps the Contractor Should Take
- Document the Impacts Caused by the Design Defect
- Quantify the Additional Costs That May Be Incurred to Correct or Resolve the Design Defect
- Quantify the Time Lost on the Project to Resolve the Design Defect and Its Impact on Other Contract Work
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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 27, 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 1.5
- This course qualifies for self-study CLE credit in Missouri.
- NH MCLE 1.2
- 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: 73 Minutes.
- NJ CLE 1.4
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.4 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 1.5
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.5 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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