Construction Contracts & Claims Management Legal Certificate Program
Ryan Hiss, Partner, Laurie & Brennan
Construction Contracts & Claims Management Legal Certificate Modules
Tuesday, February 4, 2025 from 3-5 PM ET (12-2 PM PT)
This session will cover the essential components of a construction contract, with a particular focus on developing and managing the scope of work, establishing clear payment schedules, and understanding common payment structures (e.g., lump sum, cost-plus, unit rate).
You will learn to effectively draft and review contract terms to ensure clarity, accuracy, and enforceability, and gain a deep understanding of how well-defined scope and payment provisions can prevent disputes, optimize project execution, and mitigate risks during the construction process.
By the end of this module, you will be able to:
- Understand strategies to limit your contractual scope of work to what you included in your bid or proposal
- Identify and negotiate essential payment terms in your contract
- Effectively manage the payment process during the project
- Discuss strategies for protecting your right to timely payment during the project
Tuesday, February 11, 2025 from 3-5 PM ET (12-2 PM PT)
Change happens and often unexpectedly. During this session, you will learn how to identify, document, and manage change orders and unforeseen conditions to ensure compliance with contract terms, protect financial interests, and minimize the risk of disputes.
Uncover the key provisions in construction contracts that address changes to the work and unforeseen conditions and explore how these issues are typically managed within the legal and contractual framework. Topics covered include the impact of changes on cost and schedule, strategies for negotiating fair compensation, and the importance of timely communication and documentation throughout the process.
By the end of this module, you will be able to:
- Identify and negotiate essential contract terms to protect your right to additional compensation and time for changes and unforeseen conditions
- Successfully navigate the notice requirements to preserve your right to additional compensation and time
- Establish best practices for documenting your rights through change orders and construction change directives
Tuesday, February 18, 2025 from 3-5 PM ET (12-2 PM PT)
Through detailed case studies, you will dive into examples of common delay scenarios including weather-related disruptions, design changes, supply chain interruptions, and contractor performance issues.
This module will provide contract strategies for protecting a contractor’s right to not only an extension of time, but also additional costs arising from such delay, as well as limiting liability for contractor caused delays. Explore valuable tools for identifying whether delays are excused and determining when and how to seek appropriate remedies.
By focusing on the critical elements of asserting and supporting delay claims, this session will help contractors, project managers, and other construction professionals effectively prevent, document, and resolve delay-related disputes.
By the end of this module, you will be able to:
- Identify and negotiate essential contract terms to protect your right to additional time and compensation due to delays and interruptions
- Learn best practices for providing timely notice and documentation of requests for extension of time and additional compensation for delays
- Effectively navigate the claims process to protect your rights arising from delays
Tuesday, February 25, 2025 from 3-5 PM ET (12-2 PM PT)
Focusing on practical solutions, financial implications, and dispute resolution processes, this module offers a deep dive into how to handle conflicts that arise during construction projects, from contract breaches to performance issues, delays, and beyond.
Explore various legal remedies available to contractors, owners, and subcontractors when disputes occur including claims for damages, contract termination, and enforcement of contract terms. Also, cover the most common forms of dispute resolution, such as negotiation, mediation, arbitration, and litigation, helping you to understand when and how each method can be used effectively to achieve the desired outcome.
By the end of this module, you will be able to:
- Understand the various remedies available to contractors for breach or defaults of contractual obligations including suspension, termination, mechanics liens, liquidated damages, consequential damages, and direct damages
- Identify which remedies should be protected in your contract and how to effectively preserve such remedies
- Understand the advantages and disadvantages of dispute resolution options including step negotiations, mediation, arbitration, and litigation
- Know best practices for how and when to trigger remedies which you are entitled to under the law or your contract
- Discuss strategies for effectively managing the arbitration or litigation process
Tuesday, March 4, 2025 from 3-5 PM ET (12-2 PM PT)
During this session, you will explore the various types of insurance policies commonly required in construction contracts such as general liability, workers’ compensation, builder’s risk, and professional liability insurance. Also, dive into the intricacies of performance bonds and payment bonds — which guarantee the completion of the project and the payment of subcontractors and suppliers, respectively — how they are issued, and how to manage claims related to them.
In this module, you will examine indemnification provisions, including the difference between indemnity agreements that protect against third-party claims vs. those that cover direct contractor liability, and discuss in detail key issues such as enforceability, legal limitations, and risk allocation.
By the end of this module, you will be able to:
- Identify important insurance coverage requirements for owners and contractors
- Understand additional insured obligations
- Consider bonding options for your projects
- Learn best practices for negotiating and limiting indemnification clauses in your contracts
