Construction Law Seminars

Babst Calland’s Construction Services Group is pleased to offer the following complimentary seminars to members of the construction industry. Presentations are typically held at project management or safety meetings, as well as via web conferencing. Customized programs can also be developed to meet your particular needs and specifications. If you are interested in a Construction Law Seminar, please contact:
 

1. The Marcellus Shale Play: Maximizing Growth while Minimizing Risk

Working in the Marcellus Shale can boost your backlog. This seminar will highlight some of the legal risks to consider when constructing in this rapidly growing market, including unique Pennsylvania geological challenges and related Pennsylvania law on unforeseen conditions, as well as the Pennsylvania Contractor and Subcontractor Payment Act, the Pennsylvania Mechanic’s Lien Law and Pennsylvania surety law. 

2. Federal Construction Law

Federal Government initiatives such as the Stimulus Act will likely make federal construction work one of the few growing areas of the construction industry in 2010. This intensive seminar provides valuable information on the requirements, imposed by federal statutes such as the Federal Acquisition Regulations, the Miller Act, the Contract Disputes Act, the False Claims Act, the Davis-Bacon Act and the Buy American Act. Other topics such as federal bid protests and claims for unforeseen conditions and home office overhead are also covered.

3. The Stimulus Act: The Strings Attached and How to Get Paid on Federal Construction Projects

The American Reinvestment and Recovery Act, better known as the Stimulus Act, has promised to inject billions of dollars into the construction industry. However, acceptance of Stimulus funds means acceptance of a level of government regulation and heightened scrutiny which could result in severe repercussions for those caught unaware. This seminar will highlight some of the key provisions of the Stimulus Act, such as the Buy American, prevailing wage, and audit provisions, as well as the False Claim Act, the Whistleblower Act and other federal statues implicated by the receipt of the Stimulus finds.

4. Managing Today’s Risk through Active Contract Administration

Many times an opportunity to make a profit on a construction project is unknowingly squandered prior to any work being performed. Errors committed during the contract negotiation and execution process can prove to be quite costly. In order to avoid these problems, it is essential for parties to understand when and how a contract is formed to recognize the risks of proposed contract provisions, and learn how such provisions can be accommodated and overcome. Specific topics to cover include: (1) Federal and State False Claims Acts; (2) notice clauses; (3) no damage for delay clauses; (4) pay-if-paid and pay-when-paid clauses; (5) Miller Act claim waivers; (6) waiver of attorneys’ fees, interest and penalties under state prompt payment acts; (7) liquidated damages clauses; (8) indemnification provisions; (9) unforeseen conditions clauses; (10) contract termination; and (11) venue/forum selection clauses. This seminar provides an effective management tool to train your company to perform its work with minimum risk. 

5. Enforcing Your Right to Payment in a Tough Economy: Everything You Need to Know About Liens, Surety Bond Claims and Prompt Payment Act

Getting paid for properly performed work since 2009 is even more difficult than in previous years. Courts have recognized since the 1800’s that “getting paid is half the battle” in the construction industry. This seminar will help you to win the payment battle through the proper use of lien, payment bond, state prompt payment acts, contract terms and conditions and other legal remedies available to secure payment.

6. Construction Law Beyond the Letter of Your Contract: Effectively Playing the Claims Game Through the Use of State and Federal Statutes and Judicial Precedent

The construction claims process is a complicated exercise where superior knowledge often rules the day and can help you to avoid protracted litigation. This seminar will allow you to use case law to counter contractual provisions that may otherwise bar your claim such as notice clauses, no damage for delay clauses, pay-if-paid clauses and pay-when-paid clauses.

7. Legal Developments in 2011 that will Make You More Profitable in 2012

Construction law is constantly evolving. In order to protect and assert your rights you need to be aware of these developments. Learn about the new developments in construction law throughout the United States that have interpreted the enforceability of critical contract provisions and impacted your ability to maximize your recovery for damages incurred on a project.

8. Common Provisions to Avoid in Construction Contracts

Contract review and preparation is one of the most critical parts of your project, but is far too often overlooked and undervalued. This seminar will allow you to identify, prepare, negotiate and/or avoid critical contract provisions that can serve to eliminate your ability to make a profit or bring claims. 

9. Contract Provisions – Remember Why!

This seminar covers critical contract provisions contained in Owner/Design and Owner/Construction Agreements that protect Project Owners while focusing on why these provisions are included in contracts and how these provisions can be amended to better remain applicable in today’s construction world.

10. Ohio/W. VA Construction Law Primer

Need to know more about construction law in Ohio and/or West Virginia? This seminar will provide you with the basics and more of construction law in each of these states. 

11. Pennsylvania Construction Law Overview for New Entrants to the Market

Contemplating entering the Pennsylvania construction market? This seminar will provide you with critical information regarding the enforceability of certain contract provisions in Pennsylvania, as well as the status of Pennsylvania law on Prompt Payment Act claims, lien claims, surety bond claims and claims for home office overhead.

12. Recovering for Unforeseen Conditions

Especially valuable for those working below ground, this seminar thoroughly discusses the Spearin Doctrine and your ability to recover for unforeseen conditions. This seminar addresses all work that you may be required to perform that goes behind the letter of the project’s contract documents.

13. Pennsylvania Construction Law Year in Review

An annual seminar designed to provide a detailed review of the construction law developments in Pennsylvania from the prior calendar year. 

14. Insurance Coverage for Construction Projects:    You Don’t Always Get What You Pay For (Pennsylvania Focus)

This program addresses the use of the commercial general liability policy for construction projects, including such key provisions as the definition of occurrence, property damage and events that may trigger coverage. The program will also address the Pennsylvania Supreme Court decision in Kvaerner Metals Divisions of Kvaerner U.S., Inc. v. Commercial Union Insurance Co, Pennsylvania state and federal decisions on insurance coverage since Kvaerner, and the ways in which such decisions have arguably eliminated any coverage for construction defects under the traditional CGL policy.

15. Insurance Coverage for Construction Projects:    You Don’t Always Get What You Pay For  (National Focus)

This program addresses the use of the commercial general liability policy for construction projects, including such key provisions as the definition of occurrence, property damage, and events that may trigger coverage. This program will also address state and federal decisions which have dramatically impacted the coverage available for construction defect claims. Finally, this program will address recent legislation passed by states throughout the country to fill the gap in coverage created by overly strict interpretations of the CGL policy.  

16. Properly Documenting a Construction Project and Controlling Internal Documentation

Valuable information concerning e-Discovery issues and document maintenance with an eye towards possible litigation will be shared. This seminar will help your company develop internal policies concerning the use of e-mails and e-mail disclaimers. Important ideas will be provided to help you maintain your project records in a way that will not only help you to defend your position at trial, but will also allow you to save considerable money on document review by your legal counsel. Means to allow your standard forms to be functional, ranging from transmittals, daily logs, notices and schedules to correlating field reports to payment applications, all while controlling today’s technology, will be discussed. This seminar is designed to allow your company to formulate the ultimate recordkeeping system to be utilized for real purposes.

17.  ConsensusDOCS v. the AIA Contract Documents

An overview and comparison of the relative strengths and weaknesses of the contract documents published by both ConsensusDOCS and the American Institute of Architects (AIA).

18. 50 States Mechanics’ lien Law Primer

The ability to file a mechanics' lien is a statutory creation. This seminar provides an overview of what is required to strictly comply with the notice and filing provisions of the applicable state statute in order to perfect your mechanics' lien rights.

19. BIM Contract Negotiation and Risk Allocation

Building Information Modeling (BIM) is transforming the manner in which some projects are built. Legal issues such as indemnification, insurance, surety bond coverage and standard of care are covered.

20. Pennsylvania’s Mechanics’ Lien Law: How to Effectively Secure Your Lien Rights Under Pennsylvania Law

An in-depth discussion of the amendments to the Pennsylvania Mechanics’ Lien statute and recommended strategies for dealing with these changes. 

21. Construction Project Management: How to Avoid Problems, Claims and Disputes

An overview of various techniques that project personnel can use to get issues resolved as they arise and minimize the likelihood of litigation at the end of a project are shared in this informative presentation.  

22. Construction Law: Ensuring that Your Project is Completed on Time and on Budget

An in-depth discussion of project management issues designed to ensure that scheduling delays and/or impacts are avoided.

23. Evaluating, Handling & Litigating Mold Claims

An overview of the risks involved in responding to mold claims, including a discussion of the best strategies for avoiding such claims.

24. Had Your (Safe) Fill? An Overview of Pennsylvania’s Safe Fill Regulations

An overview of the safe fill environmental regulations applicable to any project involving significant earth-moving in Pennsylvania.

25. To “E” or Not to Be: The Impact of E-Business on the Construction Industry

The legal issues involved in the construction industry’s increasing reliance on technology, including the use of electronic procurement are discussed.

26. Bid Protests: When (and How) to Protest the Improper Awarding of a Public Construction Contract

This seminar will address federal and state laws regarding bid protests over the awarding of public construction contracts.

27. Pennsylvania Board of Claims: When (and How) to Pursue a Claim before the Board

An in-depth discussion of the procedures and strategies involved in pursuing a claim before the Pennsylvania Board of Claims, including a detailed review of issues relating to PennDOT and Department of General Services (DGS) projects.

28. PA One Call Act

This seminar educates contractors and owners on the responsibilities of all project participants under the Pennsylvania One Call Act. Insight concerning how to be compensated for costs sustained when hitting mismarked or unmarked lines in accordance with the Pennsylvania One Call’s requirements will be provided along with information concerning fines and penalties assessed for One Call Act violations.