Understand issues and claims involving express and implied duties of good workmanship on a construction project.
Workmanship issues permeate a construction project, from contract negotiation to final completion. This material will take a deep dive into these workmanship issues and learn their impact on a project. After covering a general definition and overview of good workmanship, the topic will turn to the legal sources of workmanship duties. These include express duties set forth in the contract documents as well as implied duties as a matter of law. The material will also address sources of good workmanship requirements in statutes and regulations. Finally, we will examine the claims and dispute resolution process involving workmanship. You will understand the elements of causes of action for breaches of express and implied duties of good workmanship. You will also learn about the forum for prosecuting these claims, whether it is arbitration or a court of law.
Learning Objectives
- You will be able to identify implied duties of good workmanship.
- You will be able to discuss express workmanship provisions in agreements.
- You will be able to explain claims and dispute resolution regarding workmanship.
- You will be able to review statutes and regulations affecting workmanship.
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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
Workmanship in Construction
- General Terminology
- Sources of Express Requirements
- Agreement
- Other Contract Documents
- Specifications
Implied Duties of Good Workmanship
- General Definition
- Sources of Implied Duties - Case Authority
- State Law
- Federal Law
Statutes and Regulations Affecting Workmanship
Claims and Disputes Involving Workmanship
- Breach of Express Duties - Cause of Action
- Breach of Implied Duties - Cause of Action
- Forum for Disputes
- Court
- Arbitration
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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 November 16, 2021.
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
Kersten Kortbawi, Esq.
Greenbaum, Rowe, Smith & Davis LLP
- Partner with Greenbaum, Rowe, Smith & Davis LLP
- Member of the firm’s Litigation Department and the Construction Disputes Practice Group
- Represents developers, condominium associations, municipal entities, and contractors in unique and high-exposure matters, including those related to complex construction disputes, consumer fraud claims, personal injury, and product liability matters
- Trustee, Middlesex County Bar Association
- Member of the Construction Law Section of New Jersey State Bar Association
- Selected as a New Leader of the Bar by the New Jersey Law Journal in 2020
- Recipient of an Amicus Curiae Award from the New Jersey State Bar Association in 2023
- Can be contacted at [email protected] or 732-476-2648
Steven Nudelman, Esq.
Greenbaum, Rowe, Smith & Davis LLP
- Partner in Red Bank (NJ) office of Greenbaum, Rowe, Smith & Davis LLP
- Practicing construction law for over 29 years
- Chair of firm’s Construction Contracting & Risk Management Practice Group
- Represents owners, contractors, and design professionals in negotiating and drafting contract documents for commercial, residential, and public projects in the New Jersey/New York metropolitan area.
- Defends and prosecutes various construction claims in courts (state and federal), arbitrations, and mediations.
- Selected by NJBiz as a Leader in Law - 2022
- Charter Fellow, Construction Lawyers Society of America
- Fellow, Litigation Counsel of America
- Listed in Chambers USA, The Best Lawyers in America, New Jersey Super Lawyers, and Who’s Who Legal in the Construction Law
- Arbitrator on Construction and Consumer Panels of the American Arbitration Association
- Immediate Past Co-Chair of the Construction Law Section of the New Jersey State Bar Association
- May be contacted at 732-476-2428 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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