Event Details

NBI Program featuring BMD Attorneys Robert A. Hager, Justin M. Alaburda and Martin J. Pangrace discussing Construction Law: Advanced Issues and Answers (Akron, Ohio)

An Advanced-Level Guide to Complex Construction Law Issues

On any construction project, seemingly simple issues can quickly become complex if not handled correctly. That's why it's essential to have an in-depth understanding of critical construction project legal matters that have the potential to cause severe headaches for your clients. In this advanced-level course, our experienced faculty will share their decades of construction law experience and will provide you with valuable tools you can use to help your clients through change order disasters, project delay disagreements, construction defect disputes and more. Provide your clients with the best representation possible by expanding your knowledge of complicated construction project issues - register today!

  • Anticipate which construction contract provisions will cause difficulties down the road in order to negotiate them in your client's favor.
  • Disentangle complex change order payment matters that arise from oral change orders, additional work and more.
  • Confidently determine which construction project delays are compensable and which are non-compensable.
  • Factor in current court interpretations and state anti-indemnity statutes when wading into a construction indemnity dispute.
  • Analyze CGL policy insurance documents to accurately determine who is actually covered under the policy.
  • Get to the bottom of construction defect CGL policy coverage issues such as business risk exclusions and proving defective coverage is an occurrence.
  • Fairly counter discovery delays, excessive notices and other dirty construction litigation tactics.
  • Ensure interactions with unrepresented parties during construction disputes are ethically responsible.

 Who Should Attend

This advanced level seminar on complex construction law issues is for:

  • Attorneys
  • Architects
  • Construction Professionals
  • Engineers
  • Insurance Professionals
  • Real Estate Developers
  • Paralegals

 Course Content

  1. Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points
  2. Change Orders and Extra Work - Payment Issues Disentangled
  3. Determining Responsibility and Remedy for Delays
  4. Indemnification Disputes - What is the Scope and Meaning of the Contractual Clause?
  5. Determining Who is Insured Under Commercial General Liability Policies
  6. Coverage for Construction Defects Under CGL Policies
  7. Negotiating Damages in Construction Disputes
  8. Ethics for Construction Attorneys

 

Continuing Education Credit

American Institute of Architects – AIA: 6.00

Continuing Legal Education – CLE: 6.00 *

Engineer – Engineer: 6.00

International Association for Continuing Education Training – IACET: 0.60

 

* denotes specialty credits

 

Agenda / Content Covered

  1. Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points
    9:00 - 9:45, Written and presented by Aaron S. Evenchik in Cleveland and Akron.
    1. Payment Clauses
    2. Pass-Through Clauses
    3. No Damage for Delay Clauses
    4. Performance and Timing Clauses
    5. Project Termination Clauses
    6. Liquidated Damages Clauses
  2. Change Orders and Extra Work - Payment Issues Disentangled
    9:45 - 10:30 Written and presented by Justin M. Alaburda, Robert A. Hager and Martin J. Pangrace in Cleveland and Akron.
    1. Real vs. Perceived Changes
    2. Undocumented Oral Change Orders
    3. Changes Due to Defective Plans and Specifications
    4. Previously Unknown Site Conditions
    5. Additional, Unauthorized or Non-Conforming Work
    6. Change by Outside Forces: Market Shifts, Zoning Issues, etc.
    7. Change Order Impact Costs
  3. Determining Responsibility and Remedy for Delays
    10:45 - 11:25 Written and presented by Justin M. Alaburda, Robert A. Hager and Martin J. Pangrace in Cleveland and Akron.
    1. Excusable vs. Inexcusable Delays
    2. Compensable vs. Non-Compensable Delays
    3. Untangling Concurrent Delays
    4. Necessary Documentation
    5. Drafting a Recovery Schedule
    6. Applying a Waiver or "No Damage for Delay" Clause
  4. Indemnification Disputes - What is the Scope and Meaning of the Contractual Clause?
    12:25 - 1:10 Written and presented by James T. Dixon in Cleveland and Akron.
    1. Types of Indemnity Clauses
    2. Detecting Illegal and Unenforceable Language
    3. How Courts Construe Indemnity Clauses
    4. Factoring in State Anti-Indemnification Statutes
    5. Determining Duty to Defend
  5. Determining Who is Insured Under Commercial General Liability Policies
    1:10 - 1:50 Written and presented by Gabrielle T. Kelly in Cleveland and Akron.
    1. The Certificate of Insurance
    2. The General Contractor as a Subcontractor's Additional Insured
    3. The General Contractor as an Additional Insured on the Duty to Defend
    4. The Most Common Additional Insured Endorsements
  6. Coverage for Construction Defects Under CGL Policies
    1:50 - 2:30 Written and presented by Wesley Lambert in Cleveland and Akron.
    1. Treating Defective Construction as an Occurrence
    2. Business Risk Exclusions and Subcontractor Exception Removal
    3. Avoiding the Known Risk Provision
    4. Voluntary Remediation and the "Legally Obligated" Requirement
    5. The Total Pollution Exclusion - How Total is it?
  7. Negotiating Damages in Construction Disputes
    2:45 - 3:30 Written and presented by Justin M. Alaburda, Robert A. Hager and Martin J. Pangrace in Cleveland and Akron.
    1. Distinguishing Direct and Consequential Damages
    2. Calculating Acceleration Damages
    3. Reducing Damages by Claiming Betterment
    4. Non-Monetary Remedies to a Construction Dispute
    5. Preserving Business Relationships While Negotiating Damages
  8. Ethics for Construction Attorneys
    3:30 - 4:30 Written and presented by Justin M. Alaburda, Robert A. Hager and Martin J. Pangrace in Cleveland and Akron.
    1. Client Authority
    2. Contractual Claims for Attorneys' Fees/Expenses
    3. Dealing With Unrepresented Persons
    4. Ethical Concerns as "Attorney for the Project"

JUSTIN M. ALABURDA is a partner with the law firm of Brennan Manna & Diamond, LLC, where he practices in the firm’s litigation, construction, real estate, environmental and business practice groups. Mr. Alaburda has been recognized by Ohio Super Lawyers as a Rising Star for five consecutive years, 2012-2016. He is a member of the American Bar Association (Forum on the Construction Industry, Litigation Section, and Construction Litigation Committee), Ohio State Bar Association, and the Cleveland Metropolitan Bar Association. Mr. Alaburda received his B.A. degree from The College of Wooster, followed by earning his J.D. degree, cum laude, from Capital University Law School.

JAMES T. DIXON is a partner at Brouse McDowell, LPA. He focuses his practice on construction law, where he drafts and negotiates construction contracts; advises clients during the course of construction; and resolves disputes through mediation, arbitration and litigation. He is a member of the American Arbitration Association, Panel of Neutrals; the Home Builders Association of Greater Cleveland; the Ohio State Bar Association, Construction Law Committee; the State Bar of California; the American Bar Association, Construction Industry Forum; and the U.S. Green Building Council, Northeast Ohio Chapter (Board member, 2013-present). Mr. Dixon's bar admissions include the Ohio State Bar, the California Bar, the U.S. District Court for the Southern District of Ohio, the U.S. Court of Appeals for the Sixth Circuit, the U.S. District Court for the Northern District of Ohio, the U.S. District Court for the Eastern District of California, the U.S. District Court for the Central District of California, and the U.S. District Court for the Northern District of California. He earned his B.A. degree from Denison University and his J.D. degree from Case Western Reserve University.

AARON S. EVENCHIK is a partner in the construction practice group at Frantz Ward LLP, and is focused on construction and real estate law, where he performs both transactional and litigation work. His cross practice enables him to resolve disputes creatively and efficiently by understanding the underling goals of the original deal and drafting transactional documents to avoid problems and disputes. His degree in civil engineering coupled with a half-dozen years in-house with a construction company, allows him to understand construction and real estate clients’ business needs, operational limitations, and goals. Dubbed “zealous” and “creative” by opposing counsel, Mr. Evenchik advocates for and has enabled clients of all sizes to close on properties, deals, and leases - small and large - to grow their businesses. He has significant first chair experience in construction, real estate, zoning, and contract disputes as well as in asserting lien and bond claims, defending and prosecuting claims for and against contractors and subcontractors, as well as significant zoning litigation experience. Mr. Evenchik has been named to the Ohio Super Lawyers Rising Stars list (2013-2016) and in 2015 was the recipient of the Honorable Mention Award as a Hero Behind the Scenes from Project Love. He is admitted to practice in Ohio, U.S. District Court, Northern District of Ohio, Southern District of Ohio, and District of Colorado. Mr. Evenchik earned his B.S. degree, in civil engineering, from The Ohio State University and his J.D. degree from The Ohio State University Moritz College of Law.

ROBERT A. HAGER is a managing partner of the law firm of Brennan Manna & Diamond, LLC, where he focuses on commercial litigation and construction law. Mr. Hager is a member of the American Bar Association (Forum on the Construction Industry, and Litigation Section and the Construction Litigation Committee), the Ohio State Bar Association (past chair, Construction Law Subcommittee), the Cleveland Bar Association (Mentor Committee) and the Akron Bar Association. He is a member of the Associated General Contractors of Ohio, the Associated Builders and Contractors, and the American Institute of Constructors. He earned his B.A. degree from John Carroll University and his J.D. degree, cum laude, from Cleveland-Marshall College of Law.

GABRIELLE T. KELLY is an attorney in the litigation practice group at Brouse McDowell, LPA. Working primarily in the area of insurance coverage, she counsels and represents policyholders in various disputes, including bad faith claims, mass tort, environmental, property, director and officer, and advertising injury liabilities. Further, Ms. Kelly has represented clients at all stages of litigation in various matters, including construction, premises and product liability cases, and complex business disputes. She counsels clients as to settlement and trial strategies, conducts settlement negotiations and has successfully handled matters at hearings, arbitrations and trial. Ms. Kelly earned her B.A. degree, cum laude, from Boston University and her J.D. degree from Case Western University School of Law.

WESLEY P. LAMBERT is a partner in Brouse McDowell, LPA's litigation and insurance recovery practice groups, and focuses a substantial portion of his practice assisting policyholders with maximizing the benefits of insurance coverage purchased by them. Mr. Lambert is a frequent speaker on insurance coverage topics and has authored several articles on construction, cyber liability, and general insurance coverage issues. He also has the informal role as "outside general counsel" in the representation of businesses of all sizes and industries. Mr. Lambert frequently contributes to Brouse McDowell's business litigation advisory blog and the firm's insurance recovery blog and newsletter. He has been recognized as an Ohio Super Lawyer® by Super Lawyers, a service of the Thomson-Reuters legal division. He is a member of the American Bar Association, Federal Bar Association, Cleveland Metropolitan Bar Association, Akron Bar Association, Ohio State Bar Association, and Judge John M. Manos American Inn of Court. He received his B.S. degree from The Ohio State University and his J.D. degree, magna cum laude, from the Case Western Reserve University School of Law.

MARTIN J. PANGRACE is a partner in the construction practice group at Brennan Manna & Diamond, LLC, where he focuses on commercial litigation and construction law. Mr. Pangrace represents architects, engineers, contractors and other construction industry professionals in state and federal court litigation and in arbitration, mediation and administrative proceedings with respect to liability claims and other business disputes. He also assists architects, engineers, and contractors with the negotiation and drafting of construction contracts and other project documents. Mr. Pangrace is a LEED® accredited green associate, member of the American Institute of Architects and a member of the American Society of Civil Engineers. He has been recognized as a Rising Star by Ohio Super Lawyers magazine from 2010 to 2016 in the field of construction law. Mr. Pangrace received his B.A. degree, with honors, from Carnegie Mellon University, followed by earning his J.D. degree from Case Western Reserve University.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

American Institute of Architects

N AIA: 6.00    
NBI, Inc. is a Registered Provider with The American Institute of Architects Continuing Education System and is offering this registered program for 6.0 AIA/CES Learning Units, which will be reported to the AIA/CES for AIA members.


Continuing Legal Education

 
OH CLE: 6.00   Includes - Ethics: 1.00
This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 6.0 CLE credit hours, including 1.0 hour of attorney professional conduct instruction.


Engineer

 
OH ENG: 6.00    
This activity may qualify for 6.0 continuing professional development hours for engineers toward the requirement for the state of Ohio.


International Association for Continuing Education Training

N IACET: 0.60    
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 0.6 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendee will be able to: 1. Identify two construction contract provisions that can potentially cause difficulties down the road. 2. Differentiate between real and perceived changes to a construction project. 3. Describe two pieces of documentation needed to prove construction project delays and damages. 4. Identify two different types of indemnity clauses. 5. Describe the most common additional insured endorsements in a CGL policy. 6. State from recall how defective construction may be considered an occurrence under a CGL policy. 7. Differentiate between direct and consequential damages. 8. Describe how attorneys should deal with unrepresented parties in an ethically responsible manner.