Legal Webinars

 
CMAA Members can always access past CMAA webinars. Whether you were unable to make the original broadcast or because you want to view again, previous webinars are available 24/7. Not a member? Join today to gain access to CMAA webinars and more!
 
Webinars are only available to CMAA Members. You must be logged in to access.
 
☰ Browse By
     
 
A Construction Manager's Guide to Purchasing Insurance
 
Presented by:
Jake Morin - ProSight Specialty Insurance
 
Summary:
Jake Morin, a program manager from ProSight Specialty Insurance, will discuss the ins and outs of insurance policies specific to construction managers and their unique exposures in this webinar. Attendees will gain a insight on general liability and E&O (Professional Liability) coverages, and will walk away with a useful checklist to interpret long policy documents and things to note when buying insurance.

 
 
     
 
Avoiding the Pitfalls of GMP Contracting
 
Presented by:
Rocco Vespe, PE, FCMAA - Hill International & J. Scott Lowe, PE - Trauner Consulting Services
 
Summary:
As owners have searched for project delivery systems that reduce the duration from project conception to project completion, one of the most common approaches has included the use of Guaranteed Maximum Price, or GMP, Contracts. However, as the use of these contract formats has proliferated, so have disputes that strongly suggest that the parties using them do not fully understand: (a) The differences between GMP contracts and the contracts that the users are used to working under, or (b) The risks that are inherent to this delivery system. This seminar is designed to highlight those differences, and alert the participants to the unique risks of using this format.

 
 
     
 
Best Practices for Leveraging Your Project Management Information System (PMIS) to Prevent and Defend Against Claims
 
Presented by:
Eric Law - EADOC
 
Summary:
Join EADOC founder and CEO Eric Law to learn; Top construction disputes that can be prevented with proper information management; Proactive ways to manage project information and prevent claims; Best practices in enforcing, monitoring and tracking document contract compliance; Trusted systems and types of information required to meet court admissible records requirements ; Supporting your legal team with record relationship management and easy discovery processes

 
 
     
 
Claims Avoidance by Using Lessons Learned from Dispute
 
Presented by:
Eric Schatz, PE, LEED AP, Brian Goodreau, PSP & Christy Fu, PE, LEED AP- ARCADIS
 
Summary:
This session will help attendees identify claims resolution methods before project completion on a troubled project. The practice of leaving claims to end of the project is no longer preferred due to high legal costs and prolonged project cost for staffing. This session will help the attendees identify those practices or lack of practices that are shown, case after case, to contribute to disputes, and provide direction in modifying construction management practices to eliminate the problem practices.

 
 
     
 
Documentation and Proof of Construction Delays
 
Presented by:
John Crane - Trauner Consulting Services
 
Summary:
Time truly is money, especially in construction. Consequently, being able to determine and document delay is a crucial skill for owners, contractors, subcontractors, design consultants, project managers, and their legal team. This webinar will focus on the key terms, important contract provisions, and the most successful approaches to the determination of delay. It will include a discussion of the importance of the critical path, the importance of the contemporaneous documentation, and the pitfalls associated with discredited analytical techniques. It will also describe the underlying legal concepts and decisions. Step-by-step, real-life examples will allow attendees to see how the concepts and techniques presented in the session are actually applied. At the conclusion of the webinar, attendees will be able to identify and quantify delays before they occur, preventing unnecessary disputes and claims.

 
 
     
 
Forums for Resolving Construction Disputes
 
Presented by:
Richard E. Burnham, Esq. - Trauner Consulting Services, Inc.
 
Summary:
When the parties to a construction contract are unable to resolve a change order request, the decision to pursue the matter beyond the administrative remedies defined in the Contract can turn out to be a worthwhile investment or throwing good money after bad. Often the difference is related to the forum that has been chosen to resolve the dispute. As a result, contractors and owners, and the attorneys who represent them, need to be familiar with the different options that exist for resolving construction disputes. This teleconference will focus on certain key aspects of these various forums as they relate specifically to construction disputes. It will include a discussion of the most important considerations for choosing a dispute resolution forum, including the legal requirements and practical considerations that apply to each. Specifically, the teleconference will provide the pros and cons of the various forums from the perspective of the legal/expert team representing a party in dispute. This unique perspective will include a discussion of the level of preparation that is appropriate for the chosen forum. At the conclusion of the teleconference, attendees will understand the key attributes of negotiation, Dispute Review Boards (DRBs), mediation, arbitration and litigation and how these compare in the context of their own unique situation.

 
 
     
 
Insurance Checklists for CMs: Things to be Aware of Before Purchasing a Policy
 
Presented by:
Palvi Verma & Jake Morin - ProSight Specialty Insurance
 
Summary:
Keep in mind that not all carriers are alike, and many carriers exclude different coverage for various reasons. It is vital that CM’s check their insurance policies versus their executed contracts to make sure they have the right coverage for which they are employed. For example, some Owners might want the CM to be in charge of site safety, however there are very few insurance carriers that provide insurance coverage for this exposure. Therefore, if the CM executes a contract which requires the CM to oversee site safety, the CM will not have insurance coverage…and could pay fines and losses out of pocket.

 
 
     
 
Mega Project Dispute Strategies and Resolution
 
Presented by:
Michael S. Simon, Esq. - County of Los Angeles & Joe Seibold, PE, FCMAA - ARCADIS
 
Summary:
The session will cover the unique aspects and demands of a "mega-dispute". Attendees will learn to evaluate the critical drivers that determine desired outcomes and develop a strategy to focus ensuing efforts and achieve desired results. They will also learn how to select, scope and control their experts, and manage discovery to align with their strategy

 
 
     
 
Practical Problems of Pricing Delay Using Eichleay
 
Presented by:
Jim Zack, CCM, PMP & Peter V. Badala - Navigant Consulting, Inc.
 
Summary:
Since 1960 the Eichleay Formula has been used to price extended and/or unabsorbed home office overhead. Most in the construction industry treat the Eichleay Formula as an accounting mechanism – seldom understanding that the Armed Services Board of Contract Appeals created this “formula” as an estimating tool, not an accounting method. There are some practical problems with the Eichleay Formula. From the accounting perspective there are several major flaws built into the formula. From the project owner’s perspective, there is a risk of overcompensation unless certain contractual defenses are employed. And, from the contractor’s perspective, there are issues with the applicability and the use of the formula. This paper examines the traditional Eichleay Formula from all three viewpoints to identify the problems and offer some recommendations on how to alleviate them.

 
 
     
 
The Basics of Construction Claims
 
Presented by:
Rocco Vespe, PE, FCMAA - Hill International & Mark Nagata - Navigant Consulting, Inc.
 
Summary:
The Webinar discussion will include the components of a claim, changes, entitlement, impacts, inefficiency, escalation, and loss of productivity. We will discuss a litigation avoidance system to reduce the number of claims filed on a project and enhance the chances of quick resolution of disputes. A successful claims avoidance system fosters a culture of issue resolution and how the roots of these systems are anchored in the design, the contract and project administration. The presentation will also cover the key components of a claims avoidance system, effective disputes resolution approaches, and the ten commandments of efficient disputes resolution.

 
 
     
 
Trends in Construction Claims & Disputes
 
Presented by:
Jim Zack, CCM, PMP & Steve Pitaniello - Navigant Consulting, Inc.
 
Summary:
Claims and disputes are a constant in the construction industry, regardless of whether the industry is doing well or poorly. The number of claims seems to have risen during the recent recession despite the downturn (or perhaps as a result of the downturn) in the industry. This paper, based on research conducted by the Navigant Construction Forum™, overviews some relatively recent trends related to construction claims and disputes in the areas of concurrent delay, suspensions of work, time extensions, notice and claim filing requirements, calculation of home office overhead, proof of differing site conditions and risk transfer in the design/build environment under Federal government contracts. Through this insight, it is believed that owners, design professionals, construction managers, contractors and subcontractors can devise ways to avoid such issues going forward thus making projects more successful, and more profitable, for all stakeholders.

 
 
     
 
Using the Contract to Manage, Allocate and Transfer Risks
 
Presented by:
Dr. Theresa Robinson Harris - Braeton Consulting & Strategy
 
Summary:
One of the key uses of the contract is that of managing or transferring risks to minimize the impact of these risks on the organization.This webinar will discuss the type of risks that parties to a construction contract can be exposed, which risks can be managed, as well as the contract clauses that might be used to manage, allocate and transfer these risks among the parties to the contract. The webinar is recommended for individuals working directly with the contract including contract administrators, contract managers, purchasing managers, buyers and supply management professionals.
 

 
 
     
 
What Good is a Judgement if You Can't Collect on it? No Good!
 
Presented by:
Joe DiNardo - Smith Currie & Hancock, LLP
 
Summary:
The focus of this session is to help owners plan ahead and be successful in collecting on judgments obtained against breaching parties. This session will cover the basics regarding how to properly record judgments, the various vehicles available to collect on judgments including garnishments, equipment seizure, property foreclosure, etc., how to enforce judgments across state lines, and “front-end” planning tips including what to do if the debtor files for bankruptcy.

 
 
     
 
What is Unabsorbed Home Office Overhead?
 
Presented by:
Rocco Vespe, PE, FCMAA - Hill International & Dana B. Ostrovsky, Esq. - Parker McCay, LLC
 
Summary:
This webinar will focus on explaining the concept of unabsorbed home office overhead and how this condition may be caused as a result of a delayed or suspended project. We will explain the basis for the Eichleay case and how it provides an approximation method for unabsorbed home office overhead costs. The effects of delays and suspensions and how these conditions may result in compensable additional home office costs will be discussed. The proper use of the Eichleay formula will be explained practical examples. Common flaws with requests and presentation of home office overhead damages will also be discussed. The webinar leader, having had experience as a contractor and a construction consultant will present both sides of this controversial issue.

 

 
 

CM CareerHQ

Industry Partnerships