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Resources: Our Seminars and Talks
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6 Construction and Government Contracts Webinars: Fall 2009
Howrey LLP presents six 90-minute webinars on hot topics in construction law and government contracting, led by experienced lawyers.
The webinars are priced at a recession-beating $75 each. An unlimited number of people in your organization can listen in at one location to each $75 connection.
Each webinar will be a practical presentation for project executives, project managers and in-house counsel.
Time: The webinars will be presented at 1 p.m. Eastern, noon Central, 11 a.m. Mountain and 10 a.m. Pacific time.
Dates are listed below.
MCLE Credit: MCLE credit is pending in California, Illinois, New York, Texas and Virginia for in-person attendance. You may attend the webinar in person at any of our U.S. offices (Washington, Chicago, Houston, San Francisco, Los Angeles, Irvine, East Palo Alto, New York and Salt Lake City). To arrange for this, please register for the webinar by clicking here and review the confirmation e-mail. It will provide an e-mail link and telephone number to contact Ezra Crawford of Howrey to arrange in-person attendance. Also, for California and Texas only, those who attend via Web or phone can receive self-study credit and will be issued a self-study certificate upon request to Ezra Crawford. Financial aid policy available upon request.
The lineup:
December 1
Bid Protests and Bid Mistakes – How to Win the Contract
Presented by David Buoncristiani and Kevin O’Brien
Contractors pursuing federal, state or local government projects need to know how to make and defend against bid protests. If they do not, they will not get projects or lose out despite being the low bidder.
You will learn how to pursue or defend against bid protests on federal, state and local projects and how to avoid common errors that give rise to bid protests. You also will learn how and when a bidder can correct a mistake in a bid and either retain the contract or avoid forfeiting the bid bond.
The presenters are construction and government contracts lawyers with decades of experience in making and defending against bid protests.
Click here if you would like to register for this webinar.
Download
Getting into the Game: Federal Construction Contracts
Presented by Andrew Ness and Barbara Werther
You will learn the special requirements for government contracts funded by the American Recovery and Reinvestment Act of 2009 (ARRA or the stimulus bill) as well as the hidden traps for the unwary lurking within new False Claims Act amendments and mandatory disclosure requirements.
Topics include: How contractors can best protect themselves and retain their rights to compensation for delays, changes and cumulative changes, including the impact of recent new case decisions such as Bell-BCI v. United States.
The presenters are senior partners at Howrey LLP with decades of experience in government contracting.
Click here if you would like to order a download for this webinar.
Download
Electronic Discovery in Construction Litigation
Presented by Gil Keteltas and Kent Lindsay
While electronic discovery has gone on for many years, the 2006 amendments to the Federal Rules of Civil Procedure and related changes to state procedural rules have brought e-Discovery to the forefront of all litigation.
Construction litigation is no exception – it just involves unique challenges.
This presentation will cover high impact e-Discovery decisions over the last three years and their application to construction litigation, focusing on:
 | Spoliation and the pre-litigation duty to preserve.
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| Proportionality and "cooperation" in the e-Discovery process.
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| Keyword search methodologies
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| Technology and discovery planning.
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This webinar will describe a straightforward approach to developing and implementing an e-Discovery response program, focusing on the practical side of e-Discovery that is not dependent on technology but on a repeatable and defensible process to preserve, collect and produce electronically stored information in discovery. Participants will gain an understanding of the current state of e-Discovery law and its application to construction litigation; insight into how cost and risk can be reduced through e-Discovery advocacy; and a straightforward plan to develop an e-Discovery response program.
The presenters are litigation partners at Howrey LLP. One heads Howrey’s e-Discovery practice, and the other has more than two decades of experience in construction law
Click here if you would like to order a download for this webinar.
Download
Construction Insurance 101
Presented by Michael McNamara, Steven V. Masterson and Stephen Palley
This webinar provides an overview of insurance coverage issues involved in construction projects.
You will learn how to secure appropriate insurance coverage at a project’s inception and what to do when claims arise during construction or after project completion.
Participants will take away the basics of builder’s risk and CGL (commercial general liability) insurance. You will understand the differences between these types of coverage and how the coverages apply to common construction losses. You also will be introduced to other insurance issues, including common coverage exclusions and wrap-ups.
The presenters are experienced construction and insurance coverage attorneys who deal with these issues on a daily basis.
Click here if you would like to order a download for this webinar.
Postponed
Navigating the Issues in Barrier-Free Design
Presented by James Newland, R.A., Esq. and Clark T. Thiel, AIA, Esq.
This webinar offers a wealth of practical information for building owners, contractors and designers on current issues in barrier-free design, liability arising from barriers to access and strategies for cost-effective approaches to compliance with the legal requirements, and the creation of a barrier-free built environment.
The presentation will focus on the practical aspects of the law, construction issues and design practice with a view toward assisting project owners, principals in design and construction firms, project managers, designers, programmers and similarly situated professionals in understanding the most important issues arising from barrier-free design issues.
The presenters are experienced construction lawyers who are former practicing architects.
Postponed
Chinese Drywall: Reducing Exposure and Recovering Costs
Presented by David Dekker and Melissa Lesmes
The health and property damage problems resulting from Chinese drywall are reaching crisis proportions for homeowners, developers, general contractors, design professionals and trade contractors.
This webinar will give a focused look at the problem, its causes, liability issues, risk management, insurance coverage and sources of recovery.
The presenters will provide practical advice on how to reduce exposure, manage risk and maximize recovery, including low-cost steps that can be taken immediately. They will provide an overview of insurance coverage issues and pending nationwide federal litigation.
The presenters have decades of experience as construction lawyers and in recovering on insurance policies.
Seminars
Howrey LLP presents seminars and talks on a variety of topics. Public presentations are listed on Construction Calendar. If you would like to arrange for a speaker or seminar for your organization or business, please click here to send us an e-mail.
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The topics: (for a detailed description, click on the seminar's name)
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1.
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Making, Defending and Winning Construction Claims
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2.
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Resolving
Construction Disputes in the 21st Century: Mediation, Arbitration
and Litigation
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3.
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Mold
Claims
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4.
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How
the New Homeland Security Laws Impact Construction Professionals
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5.
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Construction
Management and Design-Build Project Delivery
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6.
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Maximize
Your Internet Information Resources by Using ConstructionWebLinks.com
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7.
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E-Commerce
and the Construction Industry
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8.
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California's
False Claims Act: Monster Weapon for Owners?
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9.
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California
Mechanic's Liens and Stop Notices
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10.
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Construction
Insurance
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11.
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Public
Construction Bidding and Contracting
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12.
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Public
Contract Claims and Administration
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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
Back to Topics
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
Back to Topics
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
Back to Topics
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
Back to Topics
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
Back to Topics
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
Back to Topics
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
Back to Topics
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
Back to Topics
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
Back to Topics
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
Back to Topics
CLASS NO. 11
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
Back to Topics
CLASS NO. 12
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
Back to Topics
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