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Classes
are structured for three-hour presentations but can be modified
to satisfy your needs. Classes are offered at moderate cost, which
depends on locale, length of program desired and number of speakers.
Some
of the speakers: (to
learn more about a speaker, click on his or her name)
CLASS NO. 1
Making, Defending and Winning Construction Claims
Contractor Claims – Subcontractor Claims – Design Professional Claims – Owner Claims – Who Causes Claims – What Causes Claims – Direct Effects and Costs – Indirect Effects and Costs – Defending Against Claims – Calculating Damages – Other Remedies Besides Damages – Liquidated Damages – Recovering Attorney Fees – Interest – Theories of Recovery Besides Breach of Contract – Legal Requirements to Making Claims – How Claims Are Resolved – ADR – Recordkeeping
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CLASS NO. 2
Resolving Construction Disputes in the 21st Century: Mediation, Arbitration and Litigation
What Mediation Is – What Arbitration Is – What Litigation Is – How They Work – Advantages and Disadvantages of Each – Which Is Better and When – Cost – Elements of a Successful Mediation – Selecting Mediators – Arbitration Agreements – Selection of the Arbitrator – Compelling Arbitration – Scope of Award – Provisional Remedies – Qualifications of the Arbitrator – Rules of Evidence – Discovery – Depositions Due Process – AAA Rules – Public Agency Arbitration – Waiver of Right to Arbitrate – Waiver of Right to Litigate – Alter Ego – Attachment – Mechanic's Liens – Expert Witnesses – Cross-Examination – Costs and Attorney Fees – Punitive Damages – Disregard of Law – Confirming the Award
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CLASS NO. 3
Mold Claims
Causes – Liability – Claims – Defenses – Government Regulations – Remediation – Prevention – Testing, Inspection, Disclosure – Insurance Coverage and Exclusions – Contract Provisions – Indemnity Clauses – Litigation – Successful Resolution – Responses – Prevention – Health Issues – Uncertainties
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CLASS NO. 4
How the New Homeland Security Laws Impact Construction Professionals
What Government Agencies Must / May Do Under These Laws – How the Laws and Agency Actions Affect Private Businesses – Likely Impact on the Construction Industry – Business Opportunities in Risk Assessments, Designing / Building Security Upgrades / Retrofits – Federal Funding – Protecting Water Supplies – Guarding Against Bioterrorism – Security Upgrades – Labor and Employment Issues – Security Screenings of Workers – Security, Safety Enhancements for Signature Buildings – Cyber-Security, Technology Issues in New Design, Construction – Property Insurance – Contract Issues – Impacts on Standards of Care
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CLASS NO. 5
Construction Management and Design-Build Project Delivery
Agency v. At Risk CM – License Requirements – Advantages v. Disadvantages – Comparison of Contract Documents – Key Contract Provisions – Public Contracts – Privity – Defenses
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CLASS NO. 6
Maximize Your Internet Information Resources by Using ConstructionWebLinks.com
How ConstructionWebLinks.com Works – Putting It to Work for You – Easy Ways to Use It – The Incredible Free Information Resources Available on the Web – Using Information to Do Your Job Better – Information as a Competitive Advantage – Learn About Projects Out to Bid on the Web – Web Resources for Performing Projects Better
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CLASS NO. 7
E-Commerce and the Construction Industry
Types of Construction E-Commerce Sites – What They Do – What They Mean to Your Business – How They Can Help Your Business – Business Issues – Legal Issues and Risks – Information as a Competitive Advantage – Getting Ready for the New Information Age
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CLASS NO. 8
California's False Claims Act: Monster Weapon for Owners?
Elements of the Act – Who May Assert It – Who Are the Targets – Requisite Knowledge – Damages, Penalties, Costs and Attorney Fees – Enforcement Provisions – Qui Tam Procedures – Joint and Several Liability – Whistleblower Protection – Exemptions – Implications for Public Contractors – Implications for Public Owners – Implications for Attorneys Representing Public Owners/Contractors – Survey of Cases – What To Do When You Are The Target – How To Avoid Being A Target
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CLASS NO. 9
California Mechanic's Liens and Stop Notices
Prompt Payment Requirements – Pay-When-Paid Clauses – Pay-If-Paid Clauses – Preliminary 20-Day Notice – Recording and Service – The Problem of Double Payment – Amount of Lien – Subcontractors – Material Suppliers – Time for Recording and Enforcing – Notice of Completion – Statute of Limitations – Foreclosure – Notice of Lis Pendens – Motion to Release – Motion to Expunge – Arbitration – Bonded Stop Notice – Priority of Lien Over Construction Loan – Optional Advances – Notice of Nonresponsibility – Bonds
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CLASS NO. 10
Construction Insurance
Additional Insured Endorsements – Continuous Trigger Theory of Coverage – General Liability – Work Product Exclusion – Project Risk Management – Multiple Deductibles – Duty to Defend – Insurer's Right to Reimbursement – Bad Faith Claims – Wrap-up Insurance Programs – Payment and Performance Bonds – Third-Party Over Actions – Broad Form Property Damage Endorsement – Defective Work/Material as Property Damage – Loss of Use as Property Damage – Tendering a Claim – Recovery of Defense Costs – Contractual Liability Coverage – Indemnity Agreements – Cumis Counsel
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CLASS NO. 11
Protect Your Bottom Line by Complying with Recent Labor Law Changes
Individual Manager Liability for Discrimination and Harassment – Overtime Law Changes – New Requirements for Setting Flexible Work Schedules – New Employee Rights to Expanded Use of Sick Time – Liability for Failure to Accommodate Invisible Disabilities – Limits on Collection of Medical Information for Disabled Employees – Limits on Enforcement of Arbitration Agreements – New Rules Governing Discrimination Based on Sexual Preference – Liability for Discrimination Against Illegal Aliens
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CLASS NO. 12
Public Construction Bidding and Contracting
Prequalification – Competitive Bidding Requirements – Or Equals – Rejection of – Violations – Changed Conditions Force Account – Invitations to Bid – Instructions to Bidders – Rejection of All Bids – Bid Forms – Bid Protests – Affirmative Action – Relief from Mistaken Bid – Subcontractors Listing Law – Clerical Error – Enforcement of Subcontractor Bids – Contract Provisions in the Green Book – Changes and Extras – Subsurface Data – Liquidated Damages – Required and Prohibited Contract Clauses – Value Engineering – No Damages for Delay Clauses – Scope of the Work
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CLASS NO. 13
Public Contract Claims and Administration
Prompt Payment Requirements – Federal Projects – State Projects – Local – Payment Bonds – Attorney Fees – Preliminary Payment Bond Notice – Indemnity – Claims Against the Bond – Stop Notices – Preliminary 20-day Notice – Procedure to Enforce Stop Notices – Time Limits – Amount of Stop Notice – Default by Contractor – Strategic Choices by Prime Contractor – Handling of Stop Notices by Public Agency – Releases – Progress Payment Release Forms – Release Bonds – Expedited Determination of Disputes – Performance Bonds – Termination – Rescission – Damages – Takeover by Surety
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