eCourse
Construction Law: Risk Management and Contract Issues
Contains material from Oct 2011
Construction Law: Risk Management and Contract Issues
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Great course consisting of thorough analysis on the topics covered.
Standards of completion portion was very informative.
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Session 1: No Damages for Delay Clauses: Key Issues and Drafting Considerations - No damages for delay clauses are a potential shield for general contractors. Key considerations for use and drafting are discussed.
Session 2: Direct vs. Consequential Damages - A discussion of agreed remedies and damage measures, focusing on contract and consequential damages.
Session 3: The Use and Enforceability of Liquidated Damage Clauses - Drafting and enforcing liquidated damage clauses can depend upon a number of considerations. From determining if your clients’ damages are a penalty or a reasonable forecast, to understanding how various construction scheduling issues impact the application of liquidated damage clauses, this session provides an overview of how these types of clauses can be enforced or invalidated.
Session 4: Standards of Completion - A discussion on how tribunals interpret completion clauses and when a project is used for its “intended purpose.” The session also analyzes competing substantial completion clauses, identifies recommended completion clauses based on project type, and provides practice tips to assist parties and practitioners in alleviating uncertainty in drafting and pinpointing completion dates.
Session 5: Surety Issues, Performance Bonds and Payment Bonds - An outline of common issues that impact acceptance or denial of the surety claim.
Session 6: Indemnification: The Good, the Bad and the Ugly - This presentation explores the current state of Texas law and its practical application.
Session 2: Direct vs. Consequential Damages - A discussion of agreed remedies and damage measures, focusing on contract and consequential damages.
Session 3: The Use and Enforceability of Liquidated Damage Clauses - Drafting and enforcing liquidated damage clauses can depend upon a number of considerations. From determining if your clients’ damages are a penalty or a reasonable forecast, to understanding how various construction scheduling issues impact the application of liquidated damage clauses, this session provides an overview of how these types of clauses can be enforced or invalidated.
Session 4: Standards of Completion - A discussion on how tribunals interpret completion clauses and when a project is used for its “intended purpose.” The session also analyzes competing substantial completion clauses, identifies recommended completion clauses based on project type, and provides practice tips to assist parties and practitioners in alleviating uncertainty in drafting and pinpointing completion dates.
Session 5: Surety Issues, Performance Bonds and Payment Bonds - An outline of common issues that impact acceptance or denial of the surety claim.
Session 6: Indemnification: The Good, the Bad and the Ugly - This presentation explores the current state of Texas law and its practical application.
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1.
No Damages for Delay Clauses: Key Issues and Drafting Considerations (Oct 2011)
Cara Doak Kennemer, Richard E. Schellhammer
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0.00
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16 pgs
Session 1 —28 mins
No Damages for Delay Clauses: Key Issues and Drafting Considerations (Oct 2011)
No damages for delay clauses are a potential shield for general contractors. Key considerations for use and drafting are discussed.
Originally presented: Sep 2011 Construction Law
Cara Doak Kennemer,
Goins, Underkofler, Crawford & Langdon, L.L.P. - Dallas, TX
Richard E. Schellhammer,
Goins, Underkofler, Crawford & Langdon, L.L.P. - Dallas, TX
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2.
Direct vs. Consequential Damages (Oct 2011)
Jo Ann Merica
0.50
0.00
0.00
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8 pgs
Session 2 —26 mins
Direct vs. Consequential Damages (Oct 2011)
A discussion of agreed remedies and damage measures, focusing on contract and consequential damages.
Originally presented: Sep 2011 Construction Law
Jo Ann Merica,
Sedgwick LLP - Austin, TX
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3.
The Use and Enforceability of Liquidated Damage Clauses (Oct 2011)
Anthony J. Gonzales, Gerald L. Stovall
0.50
0.00
0.00
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Slides
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13 pgs
Session 3 —35 mins
The Use and Enforceability of Liquidated Damage Clauses (Oct 2011)
Drafting and enforcing liquidated damage clauses can depend upon a number of considerations. From determining if your clients’ damages are a penalty or a reasonable forecast, to understanding how various construction scheduling issues impact the application of liquidated damage clauses, this session provides an overview of how these types of clauses can be enforced or invalidated.
Originally presented: Sep 2011 Construction Law
Anthony J. Gonzales,
Spire Consulting Group, LLC - Austin, TX
Gerald L. Stovall,
Hall, Render, Killian, Heath & Lyman, P.C. - Louisville, KY
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4.
Standards of Completion (Oct 2011)
Giselle Finne Gafford, Brett Dosher Lamb
0.50
0.00
0.00
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Slides
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14 pgs
Session 4 —25 mins
Standards of Completion (Oct 2011)
A discussion on how tribunals interpret completion clauses and when a project is used for its “intended purpose.” The session also analyzes competing substantial completion clauses, identifies recommended completion clauses based on project type, and provides practice tips to assist parties and practitioners in alleviating uncertainty in drafting and pinpointing completion dates.
Originally presented: Sep 2011 Construction Law
Giselle Finne Gafford,
Gardere Wynne Sewell LLP - Dallas, TX
Brett Dosher Lamb,
Gardere Wynne Sewell LLP - Dallas, TX
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5.
Surety Issues, Performance Bonds and Payment Bonds (Oct 2011)
David Mason Kleiman
0.50
0.00
0.00
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Slides
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14 pgs
Session 5 —30 mins
Surety Issues, Performance Bonds and Payment Bonds (Oct 2011)
An outline of common issues that impact acceptance or denial of the surety claim.
Originally presented: Sep 2011 Construction Law
David Mason Kleiman,
Kleiman Lawrence Baskind Fitzgerald LLP - Dallas, TX
Show session details
6.
Indemnification: The Good, the Bad and the Ugly (Oct 2011)
Tonya Powers Johannsen
0.50
0.00
0.00
Session 6 —25 mins
Indemnification: The Good, the Bad and the Ugly (Oct 2011)
This presentation explores the current state of Texas law and its practical application.
Originally presented: Sep 2011 Construction Law
Tonya Powers Johannsen,
The Beck Group - Dallas, TX