ConstruCtion ContraCt ManageMent

euCi Presents a Course on: ConstruCtion ContraCt ManageMent November 17 – 18, 2009 • Regency Plaza DTC • Denver, CO EUCI is authorized by IACET to offer 0.9 CEUs for the program. ConstruCtion ContraCt ManageMent November 17 – 18, 2009 OVERVIEW The construction contract is the core element of the project. For a successful project, it is crucial that the dynamics of the construction contract be understood by all parties involved. The management of a contract determines the outcome of any defect, delay, failure, and claim. Litigation in the construction industry shows that parties to a project do not always understand the scope of their work and their liability. This course breaks down the construction contract from the time of bidding to termination and post-termination. The modules are a step-by-step analysis which tracks the life of the contract. IACET EUCI has been approved as an Authorized Provider by the International Association for Continuing Education and Training (IACET), 1760 Old Meadow Road, Suite 500, McLean, VA 22102. In obtaining this approval, EUCI has demonstrated that it complies with the AnSI/ IACET Standards which are widely recognized as standards of good practice internationally. As a result of their Authorized Provider membership status, EUCI is authorized to offer IACET CEUs for its programs that qualify under the AnSI/IACET Standards. EUCI is authorized by IACET to offer up to 0.9 CEUs for this program. requirements for successful Completion of Program: Participants must sign in/out each day and be in attendance for the entirety of the course to be eligible for continuing education credit. instructional Methods: PowerPoint presentation and case studies WhO ShOULD ATTEnD • • • • • Attorneys/General counsel Contract directors, managers and team leaders Project managers Project team leaders Consulting engineers This course is designed for engineers and project architects who represent owners and need to solve disputes arising during the life of a construction contract. WhAT YOU WILL LEARn • • • • • • • • • • • • • • • Apply practical and legal coverage of all aspects of construction contract management Discuss the basic elements for planning and controlling potential disputes Explain the role and obligations expected of engineers, design professionals, builders, developers, bankers and contractors to properly coordinate their work as project team leaders Demonstrate how to prepare a bid Discuss the role of each member of the construction team Discuss ways to avoid costly and time-consuming errors due to poorly written contract provisions Identify how to protect your interests through liens, insurance and other mechanisms Explain how to avoid common mistakes in case of litigation Demonstrate how to assess and support your construction damages Discuss contract planning and documentation to include types of contracts and front end documentation Review the bidding process (common mistakes and public bidding specifics) Evaluate scope of work and project delivery from extra work and changes to failures and defects Explain claim identification and preservation Identify alternative dispute resolution mechanisms (contractual provisions, roles of parties and project team members, use of experts, etc) Review project documentation and electronic discovery register today! Call 303-770-8800 or visit www.euci.com 2 ConstruCtion ContraCt ManageMent November 17 – 18, 2009 January 24 – 25, 2008 PROGRAM AGEnDA tuesday, noveMber 17, 2009 registration: 12:30 – 1:00 p.m. Course timing: 1:00 – 4:30 p.m. i. Contract Planning and documentation a. Introduction to Project Management b. Project Documentation c. Electronic Documentation d. Documents Checklist i. Contract 1. no Damages for Delay Clause 2. no Damages for Delay Exceptions 3. Pay When Paid Clause 4. Liquidated Damages 5. Changes Clause 6. Indemnification Provisions ii. Purchase Orders iii. Lien Waivers iv. Records of Events and Requests for Payment v. Change Orders/Amendments e. Management of Project Documentation f. Project Management – Litigation Arbitration Issue ii. bidding issues and Protests involving Public Projects a. Basic Statutory Framework b. Changes Prior to Bid Opening c. Lowest Responsible and Responsive Bidder d. Refusal to Sign Contract e. Bid Protests iii. Payment, Liens, and securitization a. Payment Bond Claims b. Public Payment Bond Claims Wednesday, noveMber 18, 2009 Continental breakfast 8:00 – 8:30 a.m. Course timing 8:30 a.m. – 4:30 p.m. group Luncheon: 12:00 – 1:00 p.m. iv. Managing Contract Changes a. Changes Clause b. Constructive Changes c. Cardinal Changes d. Claim Components e. Experts and Consultants f. Liability – Warranty of Plans and Specifications g. Defects During Construction h. Theory of Recovery v. Claims identification a. Current Trends i. Arbitration Trends ii. Contractual Indemnification Claims iii. Claims against Sureties Program agenda b. Preservation, Damages, Special Issues and Supporting Evidence i. Proof of Construction Damages ii. Claim Under Contract v. Claim for Breach of Contract iii. Contractual Limits on Liability iv. Direct Costs and Overhead v. Delay and Acceleration Claims vi. Liquidated Damages vii. Attorneys’ Fees and Claim Preparation Costs c. Problems with the Architect i. Avoiding Problems ii. Claims Against Architect iii. Documenting Disputes iv. Defaults in Performance v. Termination vi. Securing Lower Tier Performance d. Prompt Payment i. Federal Project Bonds ii. Prompt Payment Statutes and Regulations 1. State 2. Federal vi. Construction damages a. Construction Delay Claims i. Scheduling – Standard CPM Delay Analysis Methods ii. Contract Clauses b. Loss of Productivity and Acceleration i. Loss of Productivity Generally ii. Factors Affecting Labor Productivity c. Calculation Methods d. Special Issues e. Supporting Evidence vii. alternative dispute resolution Mechanics a. Dispute Resolution Process b. Dispute Review Board (DRB) viii. Project documentation and electronic discovery a. What Every Company Should Know i. Electronic Documents ii. Spoliation and Document Retention iii. Mandatory Preservation of E-Mail b. Electronic Discovery: Attorney and Company Checklist i. Time and Expense ii. Safeguarding E-File Production c. Electronic Discovery: Internet Database Management and Document Control i. Document Services 4:30 p.m. Course adjourns register today! Call 303-770-8800 or visit www.euci.com 3 ConstruCtion ContraCt ManageMent November 17 – 18, 2009 InSTRUCTOR glenn Haese has been resolving construction and engineering disputes for over 20 years. he has been lead counsel from both a plaintiff and defendant's perspective on many multi-million dollar disputes. The focus of his practice is in construction, engineering, and surety litigation. Prior to founding haese, LLC, Glenn held a position with the international accounting and consulting firm of Coopers & Lybrand now Price Waterhouse Coopers as a Director, dealing with complex legal, financial, accounting, construction, and engineering issues. Glenn is a graduate of the University of Arizona where he received a Bachelor of Science Degree in Civil Engineering. he received his Juris Doctorate from the University of Denver. Glenn is admitted to practice before the federal and state courts of Colorado, the Fourth Circuit Court of Appeals, and the Fifth Circuit Court of Appeals. Currently, he is serving as Chairman of the American Bar Association, Public Contract Law Section, Committee on International Procurement. Glenn is a member of the American Bar Association, the Massachusetts Bar Association, and the American Society of Civil Engineers. nEARBY hOTELS Hyatt regency-tech Center-denver 7800 East Tufts Ave. Denver, CO 80237 (303) 779-1234 www.techcenter.hyatt.com (1 block away) Hilton garden inn denver tech Center 7675 East Union Ave. Denver, CO 80237 (303) 770-4200 www.hiltongardeninn.com (2 blocks away) Hampton inn & suites 5001 South Ulster St. Denver, CO 80237 (303) 804-9900 www.denvertechcenter.hamptoninn.com (2 blocks away) register today! Call 303-770-8800 or visit www.euci.com 4 PROCEEDInGS The proceedings of the course will be published and one copy will be distributed to each registrant at the course. REGISTRATIOn InFORMATIOn reMeMber, every 4tH registrant is Free For instant registration, call (303) 770.8800 or fax the Registration Form to (303) 741.0849. Register 3, Send 4th Free!! COURSE LOCATIOn Regency Plaza DTC 4643 S. Ulster Street 12th Floor Denver, CO 80237 additional information: Regency Plaza is located in the Denver Technological Center at the intersection of two of Denver's major interchanges, I-25 and I-225 providing easy highway access, conveniently reaching anywhere in the Metro Area with a short 20 minute drive to the Downtown Denver Business District. Any organization wishing to send multiple attendees to these conferences may send 1 FREE for every 3 delegates registered. Please note that all registrations must be made at the same time to qualify. All cancellations received on or before October 16, 2009 will be subject to a $195 processing fee. Written cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI conference or publication. This credit will be good for six months. In case of conference cancellation, Electric Utility Consultants’ liability is limited to refund of the conference registration fee only. For more information regarding administrative policies such as complaint and refunds, please contact our offices at (303) 770.8800. EUCI reserves the right to alter this program without prior notice. MaiL direCtLy to: Electric Utility Consultants, Inc. (EUCI) 5555 Preserve Drive Greenwood Village, CO 80121 Fax to: (303) 741.0849 PHone: (303) 770.8800 PLEASE REGISTER THE FOLLOWING Construction Contract Management: A Legal Perspective, november 17 – 18, 2009, $1395, early bird on or before november 6, 2009, $1195 Discounted Registration Fee for Attending Project Scheduling and Controls for Utilities and Construction Contract Management for Utilities, november 16 – 18, 2009, US $2395, early bird on or before november 6, 2009: us $2195 how did you hear about this event? (Direct email, Colleague, Speaker(s), etc.) energize WeekLy When you sign up to “Energize Weekly” you will receive a new conference presentation each week via email on a relevant industry topic. The presentations are selected from a massive library of over 1000 current presentations that EUCI has gathered during its 21 years organizing conferences. sign me up for “energize Weekly" name name Preferred for Badge Company Address City E–Mail Title Telephone State Zip PAYMENT METHOD Please charge my credit card: name on Card Account number Cardholder Phone number Billing Address Or enclosed is a check for $ to cover persons. W757 Billing Zip Code Visa MC AMEX Discover Signature Exp. Date Security Code Visa and MC cards have a 3 digit code on the signature panel on the back of the card, following the account number. American Express cards have a 4 digit code on the front of the card, above the card number. Check here if you have any dietary or accessibility needs. We will contact you for more details. register today! Call (303) 770.8800 or visit www.euci.com 5