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Overview:

Construction claims are considered as one of the most complex types of dispute. Because of its complexity, involved parties oftentimes choose between litigation and arbitration as a dispute resolution tool. However, as legal developments emerge and implications of the “new normal” proceedings reshape the litigation and arbitration landscapes, challenges faced by companies and practitioners also increase. It is, therefore, of paramount importance that lawyers are proactive in developing and implementing effective dispute resolution tools and strategies to obtain favorable results for their clients.

In a LIVE CLE Webcast, a panel of key thought leaders and practitioners assembled by The Knowledge Group will provide the audience with an in-depth discussion of construction dispute litigation and arbitration. Speakers will also discuss notable court rulings and will offer effective tips and strategies considering the evolving developments surrounding this topic.

Some of the major topics that will be covered in this course are:

  • Construction Dispute Litigation and Arbitration – Recent Trends and Developments
  • COVID-19 Implications in Reaching Construction Dispute Resolution
  • Notable Court Rulings
  • Effective Litigation and Arbitration Tips and Strategies
  • What Lies Ahead

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand (CLE)

 

Prerequisite:

General knowledge of construction law

 

Course Code:

149126

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credits:

1.5 CLE

Speaker Panel:

Roger W. Bradley, Member
Melvin & Melvin, PLLC

Mr. Bradley serves as a Mediator for the American Arbitration Association in commercial matters with construction specialty; as a panel member of Mediators for the United States District Court for the Northern District of New York and on the panel of Neutral Evaluators for the New York State Supreme Court Fifth Judicial District. He has been a Member of the AAA National Panel of Arbitration for both commercial and construction cases for approximately 30 years.

He represents owners, lenders, sureties, contractors and subcontractors and suppliers in virtually every aspect of construction litigation including contract drafting, mechanic’s liens, bond claims, trust fund issues, as well as defending and prosecuting claims for extra work, delay and disruption, and subsurface conditions. He represents and counsels clients on all aspects of dispute resolution.

Paul W. Windust, Principal
Berding & Weil LLP

Mr. Windust is a Principal in Berding | Weil’s litigation practice group and co-chairs the firm’s Director and Officers Litigation Group. He has over 20 years of experience in both commercial and residential real estate law, commercial and contract law, creditor’s rights and bankruptcy. He has advised community associations on construction matters, foreclosure issues, landlord-tenant issues, CC&R enforcement matters, and re-construction contracts. He has litigated and tried to verdict numerous complex business, real estate, and construction defect matters. He has successfully defended Associations and directors and officers against breach of fiduciary duty, negligence, and failure to enforce claims.

Steven Nudelman, Partner
Greenbaum Rowe Smith & Davis LLP

Steve is a partner in the Litigation and Real Estate Departments of Greenbaum, Rowe, Smith & Davis LLP, where he serves as Chair of the Construction Contracting & Risk Management Practice Group and is also a member of the Construction Disputes Practice Group. Steve concentrates his practice in construction law and works with owners and developers, construction managers, general contractors, subcontractors and design professionals to prepare and negotiate contract documents for construction in the New Jersey and New York metropolitan area. When claims and disputes are unavoidable, Steve draws upon his wide-ranging experience in construction litigation defending and asserting claims on behalf of owners, developers, condominium associations, general contractors, design professionals, subcontractors, vendors and sureties involved in public and private construction projects.

Agenda:

SEGMENT 1:

Roger W. BradleyMember

Melvin & Melvin, PLLC

  • TIPS FOR SETTING THE FOUNDATION FOR CLAIMS AND DEFENSES
  • THE CONTRACT : FOUNDATION FOR CLAIMS AND DEFENSES
    • Legal Test for Enforceable Agreements
    • Incomplete Agreements
    • Preliminary Agreements 1 and 2
    • UCC 2-305, 2-306 and 2-308
  • WHAT  ARE THE TERMS OF THE CONTRACT
    • Implied Warranties
    • Flow Down Clauses
  • INTERPRETATION OF THE CONTRACT
    • Contra Proferentem
    • Preference Clauses
  • TOOLS
    • Payment Bonds
    • Liens
    • Trust Fund Statutes
  • STRATEGIES – TURNING THE TABLES ON YOUR OPPONENT
    • Implied Warranties
    • Duty to Disclose Superior Knowledge
    • Cardinal Changes
    • Economic Loss Doctrine
    • Termination for Cause
    • UCC Article 2
    • Dispute Resolution Clauses
    • Site Inspection Clauses
    • City Charters- a rare but possible hidden trap
  • ARBITRATION ISSUES
    • APPEALS OF ARBITRATION RULINGS- AAA PROVISION
    • Confidentiality  of Documents
    • Punitive Damages
    • Consequential Damages

SEGMENT 2:

Paul W. WindustPrincipal

Berding & Weil LLP

  • Pre-Litigation requirements
    • Residential vs. Commercial Construction
  • Building Standards (CA – Title 7) vs. Resulting Damage
    • Pleading breach of contract
    • Pleading negligence
  • Statute of Repose vs. Statute of Limitations
  • Insurance Issues
    • Contractor Insurance
    • Subcontractor Insurance
    • OCIP or CCIP
  • Contractual Indemnity
    • First party indemnity
    • Third party indemnity
  • Joint and Several Liability or Comparative Negligence
  • Consequential Damages - waiver
    • Foreseeable (direct damages)
    • Unforeseeable (consequential damages)
  • Assignment of Claims – indemnity considerations and settlement strategies
    • From contractor
    • From insurer

SEGMENT 3:

Steven NudelmanPartner

Greenbaum Rowe Smith & Davis LLP

  • Background – American Arbitration Association Recommendations
  • Document Exchange (R-24, R-25, L-4, F-8)
  • Site Visits / Inspections (R-37)
  • E-Discovery (R-24)
  • Depositions (L-4)
  • Third-Party Discovery (R-25, R-35)
  • Sanctions (R-60)
  • Conclusion

Date & Time:

Tuesday, May 04, 2021

12:00 pm to 1:30 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Construction Law Attorneys
  • Contractors and Subcontractors
  • Contract Managers
  • Risk Managers
  • Owners of Construction Projects
  • In-house Counsel
  • Insurance Lawyers
  • Construction Industry Professionals

SPEAKERS

Roger W. BradleyMember
Melvin & Melvin, PLLC
Paul W. WindustPrincipal
Berding & Weil LLP
Steven NudelmanPartner
Greenbaum Rowe Smith & Davis LLP

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