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Claims, Notices and Dispute Resolution: Demystifying Construction Litigation

1h 6m

Created on June 15, 2016

Intermediate

Overview

Sustained growth in construction activities in recent years in public and private works has led to proliferation of construction claims across diverse dispute resolution fora. Successfully handling construction claims involves understanding the fine-print detail of contract notice and indemnity provisions, the importance of other key elements of project participants’ tiered agreements and the applicable dispute resolution clauses. This concise yet comprehensive guide to construction dispute resolution from experienced construction law practitioners provides the perspectives of owners, contractors, design professionals, subcontractors and construction lenders, and furnishes tools you need to confidently handle the nuances of these fact-specific cases.

In this course you will learn to advise your clients on how to address the legal aspects of construction projects at the outset, including key provisions in construction agreements, architectural contracts, and changes in time/cost procedures, as well as determine whether your client has a case by analyzing whether a construction defect actually exists and what best practices to follow in the midst of an ongoing construction project. This course also takes a close look at indemnity provisions in construction contracts to determine who is responsible for defending against a defective construction claim.

The faculty present tips and strategies — grounded in recent case law and established practices — for handling construction-related matters covering the entire spectrum from negotiating contracts to litigating complex construction claims. 




Learning Objectives:
  1. Identify types of notice provisions for construction claims, disputes and defects – when failing to give timely notice can hurt you
  2. Learn how to address construction contract claims from a practical standpoint
  3. Understand which avenue to pursue in dispute resolution and when to employ alternatives to litigation

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