Construction CLE

This course is designed to review basic contract provisions uniquely encountered with construction projects, such as provisions regarding “pre-bid inspections and liabilities imposed,“ “no-damage-for-delay,” “pay-to-be-paid,” and scheduling issues. The course will also address common contract provisions, but in the context of a construction project, such as indemnification and insurance, scope of work, issues with privity of contract and pass-through provisions, issues with fixed-fee and cost-plus projects, termination and abandonment, and damage limitations. In addition to expressed provisions, the course will cover implied terms, such as workmanship and code compliance. The course is designed to alert an attendee of the various contractual issues experienced with construction projects and how to generally address the issues when reviewing or preparing a construction contract or litigating the contract. The course will be beneficial for both the attorney who only periodically works with construction projects, as well as more experienced attorneys. Case law is cited in the materials to assist in identifying issues and their resolution.

This course is designed to review the two primary methods for shifting risk between the parties to a construction contract. Those methods are indemnification provisions and insurance. This course will discuss the various forms of indemnification and the scope. Insurance will be addressed as it relates to indemnification and as a stand-alone protection. This course will include suggestions to be included in both the substantive and procedural aspects of an indemnification. For example, whether the indemnification applies to the fault of one party or all parties related to the project. There will also be a discussion on how to avoid conflicts with the enforcement of the indemnification provision. The effects of various statutory provisions that relate to permitted indemnifications will be reviewed. The program also covers the duty to defend, and scope of that duty. The course is designed to alert an attendee of the various contractual issues that arise with indemnification provisions and various insurance products, and the relationship between indemnification and insurance in order to draft construction contracts that better protects the client. Pertinent case law will also be reviewed.

In this course you will learn the basics of construction contracts and key terms that are often included agreements. We will address key payment provisions that should be carefully considered and evaluated in contracts as well as dispute resolution options and how to best draft them to suit individual needs. We will also cover the types of key disclosures to make in construction contracts to stay in compliance with state regulations.

Property owners and general contractors face an extremely high burden with respect to safety issues at construction sites with high elevation. Nothing better exemplifies this than the requirements of Labor Law Section 240, traditionally known as the “scaffold law” in New York. This statute is intended to protect workers against the dangers inherent in working at elevations, and with materials or equipment at different heights. This course will review the requirements of the statute and what entities are subject to its mandates. Also discussed will be how the requirements of the statute are implemented in the field, as well as the defenses that are traditionally raised when a worker is injured due to a claimed violation. Real life examples will be utilized to illustrate the principles.

The nature of construction sites frequently results in hazardous and dangerous conditions for the workers. In an effort to protect them, several state statutes govern site conditions and instill requirements for safe operations relative to the performance of the work. In New York, among these are Labor Law Sections 200 and 241(6), which cover virtually every conceivable type of activity that occurs in connection with construction projects. This course will review the requirements of these statutes and what entities are subject to their mandates. Also discussed will be how the requirements of these laws are implemented in the field, including their interplay with the industrial code, and the defenses that are traditionally raised when a worker is injured due to claimed violations. Real life examples will be utilized to illustrate the principles and explain how the case law interprets the same.