HalfMoon Education Inc. Knowledge Gets You There

Presenter: Christopher S. Drewry, Partner and 5 more

Recording Date:

Recording Location: Indianapolis, IN

Type: CD/Manual Package

Product Code: 13869

Product Number: 16H INCCWKSP 2 25 CDMN

State-Specific Continuing Education Info:

Description:

This audio recording is approximately 7.5 hours in length and is available for $279 (including shipping). Please refer to specific state licensing rules or certification requirements to determine if this learning method is eligible for continuing education credit.

How to Use

HalfMoon will mail you these materials via USPS. Please allow 5 weeks from the date of purchase to receive your product. If the live seminar is in the future, please allow 5 weeks from the date of the live seminar.

The CD/Manual package includes an audio recording of a live seminar on CDs, along with a bound copy of the manual that was distributed at the seminar. The manual contains written materials prepared by the seminar speaker(s).

The CDs contain embedded number codes, which you are required to document and return to HalfMoon if you wish to obtain a certificate of completion for the program. The acceptance of self-administered continuing education activities vary widely between states and professions. Before undertaking any self-study effort, you should review the rules of your licensing/certifying entity.

HalfMoon Education guarantees its products. The self-study products are recorded from a live seminar and there are circumstances where an audio recording is not available. HalfMoon will contact you and issue a full refund if the product you ordered is not available. If you are not happy with a product you receive, you can return the product for a full refund. However, refunds will not be issued if completion certificates are requested.

Agenda:

Registration:                    8:00 - 8:30 am

Morning Session:             8:30 am - 12:15 pm

Lunch (On your own):       12:15 - 1:15 pm

Afternoon Session:           1:15 - 5:00 pm


Introduction/Overview          Michael Drewry

   Project delivery options for the owner

   When is the contract formed

   The sources of the deal – statutes, cases, contract terms, course of dealing

   Implied terms of every contract

   Performance terms and pitfalls: the general and supplementary conditions

   Additional source of terms: The Division 1 Specifications


Creating the Subcontract        Patrick Drewry

   Subcontractor bids and promissory estoppel

   Reverse promissory estoppel

   When is the subcontract formed?


Bidding          Daniel Drewry

   Bid advertising and opening

   Specifications

   Pre-bid opening changes

   Bid opening

   Bid rejection

   Standards for awards

   Bid protests


Key Contractual Risk Shifting Terms          Michael Drewry

   Contingent payment

   Delays: excusable delays, liquidated damages, No damages for delay and concurrent delays

   Waiver of consequential damages

   Warranties and guarantees

   Indemnification

   Termination for convenience

   Termination conversion

   Waiver of lien rights

   Dispute resolution (mediation and arbitration)

   Right to attorney fees


Field Performance Issues          Patrick Drewry

   Constructive and cardinal changes

   The spearin doctrine and design defects

   Differing site conditions


How to Contractually Allocate The Unknown: Force Majeure          Patrick Drewry

   Price escalation

   Material shortages/proprietary specs

   Transportation

   Acts of God


Contractor Claim Notices          Daniel Drewry

   Contractual requirements under industry contract documents

   Impact of failure to give notice – the law in Indiana

   Exceptions to the notice requirements

   Owner/general contractor drafting strategies


Labor Issues          Christopher Drewry

   Key labor clauses

   Wage requirements (common construction wage law and its repeal)

   Project labor agreements


Alternative Delivery Systems: Design-Build          Michael Drewry
and Construction Management at Risk

   The design-build option

   The construction manager at risk option


Collaborative Project Delivery        Joseph Leone

   Lean construction

   Design-assist

   Integrated project delivery

   Contract risks with collaborative project delivery


Payment Claims on Private Projects          David Simmons

   The mechanic’s lien basics

   The personal liability notice


Payment Claims on Public Projects          David Simmons

   The verified statement of claim

   Payment bond claim


Questions & Answers          Panel

Speakers:

Christopher S. Drewry, Partner

Mr. Drewry focuses his legal practice in the areas of labor and employment law and construction law. On the construction side, he represents all participants in the construction industry, including public and private owners, general and prime contractors and subcontractors in all types of project delivery systems and performance and payment disputes, as well as contract drafting and negotiations. On the labor and employment side, he represents businesses in a variety of HR issues, including general employment counseling; advice concerning hiring, discipline and termination; and drafting of employee handbooks, personnel policies and employment contracts (including non-competition agreements). Mr. Drewry also handles EEOC and related claims, and provides instruction on wage and hour compliance – as well as traditional labor issues – including grievances, unfair labor practices, bannering and striking issues, alter ego/successor liability, and wage and hour disputes.

Daniel M. Drewry

Mr. Drewry focuses his practice in the areas of construction law and labor and employment law. He represents all participants in the construction industry, including public and private owners, general and prime contractors and subcontractors in all types of project delivery systems and performance and payment disputes, including project delays and impacts, constructive changes, and defaults, as well as contract drafting and negotiations. Mr. Drewry also chairs the firm’s Labor and Employment Group and represents businesses in a variety of labor and employment law issues, including general employment counseling (including hiring, discipline, termination, handbook policies, employment contracts and restrictive covenants), wage and hour compliance, and traditional labor issues (including grievances, unfair labor practices, bannering and striking issues, and alter ego/successor liability).

Michael F. Drewry

Mr. Drewry focuses his legal practice in the areas of construction law and litigation, public contract law and surety law. He represents public and private owners and agencies, general contractors, construction managers, design builders, trade and specialty contractors, subcontractors, material suppliers, design professionals and construction sureties. He also is the firm’s managing partner. The focus of Mr. Drewry’s practice is on construction contract negotiations and drafting for design-bid-build, construction management and design-build projects; assisting owners in determining project delivery systems and development of related project documents; public construction bidding, procurement and performance; design law issues; defective specifications; changes; differing site conditions; delays; and construction delay and impact claims. Mr. Drewry also works on construction surety bonds, mechanic’s liens and related remedies, construction defects, construction defaults and termination, project management issues, and construction dispute resolution proceedings, including mediation, arbitration and litigation. He has written numerous articles and seminar manuals on a broad range of construction law topics.

Patrick A. Drewry

Mr. Drewry practices in construction law and litigation, public contract law, surety law and commercial and business litigation. He represents all participants in the construction process, including both private and public owners, general and prime contractors, subcontractors, suppliers and construction sureties. He also serves as part of the firm’s management team. Mr. Drewry handles all construction matters from bidding and contract negotiations through field performance problems and claims resolution in mediation, arbitration and litigation. His focus is on construction contract drafting and negotiations, contract performance issues and consultation to address project problems when they arise. He also works on development, prosecution and defense of construction claims, and construction dispute resolution through mediation, arbitration and litigation.

Joseph Leone

Partner with Drewry Simmons Vornehm, LLP
Mr. Leone is a partner with the construction law firm of Drewry Simmons Vornehm, LLP, where he focuses his legal practice in the areas of construction law and public contract Law. He represents all participants in the construction industry, including public and private owners, general contractors, construction managers, design-build contractors, trade contractors, and design professionals in drafting and negotiating contracts, providing general counsel, and in all types of performance and payment dispute resolution.

Prior to practicing law, Mr. Leone spent seven years as a project engineer/project manager for a large construction company in Indianapolis. He is a frequent author and speaker at various conferences and seminars on a wide variety of construction law topics both on the national and local levels. He is a member of the American Bar Association’s Forum on Construction Law and Section of Public Contract Law, the Indiana Bar Association where he is a past chair of the Construction and Surety Law Section, and the Associated General Contractors of America where he is a member of the Project Delivery Forum Steering Committee, and various ConsensusDocs contract drafting committees through the AGC Contract Documents Forum.

David L. Simmons

Mr. Simmons is a founding partner of DSV, where he practices in the areas of construction law, commercial litigation, and business transactions. He represents clients in a wide range of construction matters, including contract negotiation, project delivery systems, public construction procurement, design issues, changes, differing site conditions, delay and impact claims, construction surety bonds, and mechanic’s liens. Mr. Simmons also represents clients in commercial and business litigation matters such as breach of contract, creditor’s rights and collections, implied and express warranties, and negotiable instruments. He also represents clients in a variety of business transactions, including business succession planning, asset and stock sales, mergers and acquisitions, real estate transactions and entrepreneurial services. Mr. Simmons participates in a wide range of dispute resolution proceedings in federal and state courts, including mediation, arbitration and litigation.