Contract Telephone Seminars

Calculating the Cost of a Change ..., and the uncertainty surrounding the pricing of changes. Contractors will learn what they must include to be made whole. Owner's will learn both what they should pay and what they shouldn't pay. CMs, attorneys, and the consultants and accountants that advise them will learn what is needed to accurately and persuasively price a change. We will focus on the hard topics - the legitimate damages  more...

What Every Business Person Needs to Know About Legal Issues in Contracts ...contracts thinking they know precisely what they want to accomplish and what they have agreed to. All too often this is not actually the case. Written agreements may not reflect what a business believes it negotiated. Parties may later recall terms different from what seems to be reflected in the initial agreement. And all too often, the legal boilerplate terms turn out to matter in ways never  more...

Key Subcontracting Issues Including Flow-Down and Paid-if-Paid Provisions ... and this is especially the case when pursuing government contract opportunities. It is a prime contract that has a contractor performing without any partners. Even large defense contractors with an extensive library of forms, however, can fall victim to certain traps that can lurk in the subcontract. Failure to comply with legal requirements, provide true and correct certifications, or  more...

Current Issues in Subcontracts and Teaming Agreements ...contracts and teaming agreements are common in business and take many forms. When the customer is the Federal Government however, companies often try to squeeze these relationships into their standard purchase orders and performance work statements. Particularly with heightened scrutiny by all federal agencies over the entry into contracts and the performance of those contracts, by all tiers,  more...

Implied Obligations in Construction Contracts ...contracts there may be numerous implied obligations that arise under law or in equity. These implied obligations should be carefully considered by owners, design professionals and contractors. These implied obligations apply to most construction and design contracts unless a specific contractual provision is provided in the contract that supersedes each implied obligation. During this national  more...

Drafting Clear and Enforceable Contracts ...contracts, to establish and enforce rights, and to aid in obtaining their commercial and other goals. A well-drafted contract avoids misunderstanding, helps guide the parties in the course of their relationship, and can help avoid (or at least mitigate) litigation costs. This live audio conference addresses the essentials of good contract drafting, starting with the goals of contract drafting,  more...

Electronic Contracts: Best Practices and Legal Implications ...affecting the enforceability and proper use of electronic contracts continues to change. While such contracts are now widely used, certain issues remain unsettled, including unilateral modification of contracts and attribution of electronic signatures to a particular user for enforceability issues. Jason Epstein and William Norton will provide solutions to some of these issues based on recent  more...

Prevailing Wage Law: An Understanding of Davis-Bacon ...s. The U.S. Department of Labor and the Office of Federal Contract Compliance Programs have become increasingly vigilant in their investigation and enforcement of federal wage and hour laws. Recently enacted federal legislation and Executive Orders issued by the Obama Administration involving the use of federal stimulus monies impose additional prevailing wage and employment law compliance  more...

Boilerplate Contract Terms: Yes, They Really Matter ...itsThis live audio conference will address the parts of a contract that often go overlooked and underappreciated: the boilerplate terms, the provisions toward the end of the contract that are often left to the lawyers, that are not heavily negotiated, but that matter most when things go wrong. The program will also discuss damages and warranty provisions, choice of law and forum clauses,  more...

Essential Concepts In Construction Contracting ... designed to educate persons responsible for construction contracting about project delivery systems, basic concepts and contract terms, and the allocation and avoidance of risk in construction contracts. Pitfalls for the unwary will be addressed, especially when using standard form agreements and informal contracting on small projects. This program is appropriate to persons whose previous  more...

Construction Documentation: Preparing Effective Job Records BenefitsAlthough the term 'papering the file' is often associated with increased documentation efforts in preparation for litigation after a job has gone bad, it shouldn't be. Effective communication and accurate recordation of those communications can keep the parties - and the project - on course and out of litigation. Should an irreconcilable dispute nevertheless arise, thorough project  more...

Purchase Order Fundamentals BenefitsPurchase order fundamentals will be an interactive experience covering the basics of a current procurement office and how purchase order systems are used. The topics covered will give the beginner an understanding of basic purchasing processes and how to avoid common mistakes. The experienced professional and manager will be able to discuss interactively and share their experiences and ask  more...

Insurance Coverage Disputes and Construction Defects BenefitsThis live audio conference has been prepared by two nationally recognized experts in construction law and insurance coverage. You will gain knowledge and insight based on practical experience of handling both the construction and insurance components of construction defect claims of all sizes, and implicating all types of insurance coverage, both first and third-party. Receive updates on  more...

Insurance Coverage Disputes and Construction Defects BenefitsThis live audio conference has been prepared by two nationally recognized experts in construction law and insurance coverage. You will gain knowledge and insight based on practical experience of handling both the construction and insurance components of construction defect claims of all sizes, and implicating all types of insurance coverage, both first and third-party. Receive updates on  more...

Avoiding the Pitfalls of Scope Creep on Construction Projects ...stages of any construction project, owners, designers and contractors each have a vested interest in defining the full project scope and developing an accurate budget. However, as the project progresses, scope creep can go unnoticed, gradually work its way into a project's scope as expectations evolve, and result in significant negative impacts. This live audio conference will discuss some  more...

Collaborative Delivery Method Fundamentals BenefitsMany owners looking to maximize the value they receive for their capital dollars are looking to more collaborative project delivery approaches to deliver their capital construction projects. This live audio conference will help those responsible for evaluating and selecting the most appropriate project delivery method. This will begin with an understanding of the basic fundamental project  more...

Service Level Fundamentals: Maximizing Business Value BenefitsService levels provide targeted, effective incentives to cause service providers to achieve their customers' desired business outcomes. However, too often customers discover that those service levels are being achieved with reports showing 'green' while the service itself feels 'red.' In these situations, customers often find that those service levels: measure the wrong aspects of the  more...

Incoterms 2010 Fundamentals BenefitsIncoterms are global shipping terms to define each party's responsibilities for the movement of goods. This live audio conference is a must-attend event for importers and exporters. We will review the purpose of Incoterms and what has changed since Incoterms 2000. We will cover each Incoterm in detail and its definitions, as well as the advantages and disadvantages of each term, so that  more...

The New ADA Design Standards: When, Where and How? BenefitsOn September 15, 2010, the Department of Justice adopted new design standards under the Americans with Disabilities Act, including the 2004 ADA and ABA guidelines. This live audio conference will provide you with an overview of the new rules, highlights of the major changes, and the potential implications for your business and clients. Presenters include two of the past chairs of the U.S.  more...

User Requirements and Specification Fundamentals BenefitsPoorly written requirements often result in the customer not getting what the customer wanted or needed. In worst case scenarios, the final product doesn't solve the problem or produce anything of value for the customer. The result is money and time wasted. This live audio conference helps those responsible for purchasing products or getting the right thing built generate requirements  more...

Exit Strategies for Section 42 Affordable Housing Tax Credit Properties ...s about Year 15 transactions, understanding the qualified contract process, tax consequences of tax credit property dispositions and practical considerations for owners preparing for Year 15. This live audio conference is designed for property managers, landlords, attorneys, presidents, vice presidents, building owners and managers, developers, housing officials, real estate professionals,  more...

Satisfying OFCCP's Internet Applicant Rules ...Contract Compliance Programs continues to clarify the definition of an Internet applicant and the evolving guidance gives employers additional direction and assistance. Moreover, the OFCCP has initiated a systematic process for monitoring adherence to the Internet Applicant Rule. This live audio conference will review the continuously developing OFCCP guidance and provide you with a greater  more...

Battle of the Forms and Managing the Contracting Process ...contracting practices are critical to ensuring that contracts are made on acceptable terms. Ineffective practices can lead to a failure to achieve required terms or worse, a contract on terms that are contrary to one's objectives. Our fast-paced world increases the pressure as it is very easy for conflicting terms to be exchanged electronically without a complete meeting of the minds of the  more...

Understanding Warranties and Guarantees in the Standard AIA Contract ...critical to both successful negotiation of a construction contract and the successful completion of a construction project. This live audio conference will help you understand the issues concerning warranties and call-back periods, including the legal limitations on them, which will in turn allow you to adequately negotiate, comply with and/or enforce those provisions. Learning Objectives: -  more...

Advanced Issues in GMP Contracting ...has included the use of guaranteed maximum price, or GMP, contracts. However, as the use of the various GMP contract formats has proliferated, so have disputes. This live audio conference will address and resolve these dispute suggestions that parties to these disputes often lack full appreciation of the differences between GMP contracts and the contracts that the users are used to working  more...

Job Order Contracting Fundamentals ...contracting is an alternative delivery method for facility renovation and remodel. It has been around since the 1990's but is gaining in popularity as owners seek integrated project delivery solutions. But the unit price structure of JOC can be confusing for owners and contractors alike, and establishing a long-term contract like this requires some preparatory work beyond what is necessary for  more...

Problems and Risks Associated With Green Construction ...re, and provisions in traditional design and construction contract documents that need to be reevaluated when going green. Documentation is particularly vital in rated green buildings to ensure performance goals are met. We will also discuss issues like allocating responsibility of performance; coordination of obligations; and risks and consequences of not achieving the desired result or  more...

AIA Document D503(TM) - 2011: Guide for Sustainable Projects ...tainable Projects, in order to assist owners, architects, contractors and other project participants in understanding the various issues associated with sustainable projects and to provide a framework for moving those projects forward. This live audio conference will help design and construction industry participants, and their advisors, to maximize effective use of this valuable resource. The  more...

Advanced Applicant Tracking Strategies For Government Contractors: Effective Tools To Avoid Claims of Discrimination ...contractors and subcontractors are required to track applicant data for their affirmative action plans. However, even companies who properly track applicant data treat the process as a purely recordkeeping exercise. Failure to maintain proper and robust information regarding applicant disposition is the most common error employers can make which results in Office of Federal Contract Compliance  more...

Documentation and Proof of Construction Delay ...e audio conference 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  more...

COBRA: A Little of Everything is Changing ...le this. And, some carriers have made this change to your contract eligibility early - how is that impacting compliance responsibilities? COBRA PLANS - What IS and What ISN'T? One of the most misunderstood parts of the COBRA law is the COBRA obligation on the Health FSA and Voluntary Payroll Deduct plan. We will discuss the employers obligation - some voluntary payroll deduct plans are COBRA  more...

Getting Burned by Boilerplate: The Pitfalls of Using Outdated Standard Real Estate Contract Provisions ...contract provisions are not modified over time to account for evolutions in applicable law that have occurred since the provisions were first conceived. This live audio conference explores some of those problems and offers practical advice on ways to improve provisions on arbitration, integration, attorneys' fees, choice of law, oral modifications, landlord exculpations, force majeure and other  more...

Construction Management At-Risk Fundamentals ...Project delivery systems continue to evolve as owners and contractors continue to look for better ways to manage the risks associated with the time and money it takes to get from project concept to project completion. The adversarial nature of the traditional design-bid-build approach has led many to look for ways to create more collaborative approaches. Construction management at-risk is one  more...

Construction Payment Bond Fundamentals ...ore situations arise where someone in the line of project contracts, from the prime contractor down to a second- or lower-tier subcontractor, fails to pay its bills - or even goes out of business. Those who are unpaid must seek alternative means to ensure payment. And those who are higher on the project chain must take steps to assure the flow of funds all the way down the line. This live  more...

Construction Project Accounting ...contract often overshadows the real work behind the scenes required to make the project successful. Join us for a 'tour of the bases' as we use a baseball analogy for construction project accounting. Learn to identify up-front issues and procedures needed to have a successful bid, assure yourself you are prepared once you get 'up to bat' by pinpointing the areas you need to control and monitor  more...

Use of Terms and Conditions in Purchase Agreements BenefitsThis live audio conference will discuss various provisions commonly found in the terms and conditions of agreements for the purchase and sale of goods. How many times do you get boilerplate agreements without truly reading the small print? When is small print even acceptable? What do these terms and conditions mean? How do I go about negotiating the terms? Do they really matter? This audio  more...

Waiver of Subrogation Clauses and Provisions in Construction Contracts ...o conference will aid in understanding which parties to a contract have truly minimized the risk of lawsuits and claims that could arise among the parties. It will address if the intended risk allocation sought by the waiver of subrogation clause has been achieved. Further, this live audio conference seeks to educate participants in a better understanding of other key contract terms that may  more...

Avoiding the Basic Pitfalls of GMP Contracting ...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: the differences between GMP contracts and the contracts that the users are used to working under, or the risks that are inherent to this delivery system. This audio  more...

AIA Contracts: The Owner-General Contractor Agreement ...nstitute of Architects has published an integrated set of contract forms for the construction industry. While other industry groups independently have prepared their own competing set of forms and, more recently, some have banded together to create more of a consensus-based set of forms, the AIA forms remain the most widely used and accepted in the industry. Some owners and developers use the  more...

Statement of Work Contract Fundamentals ...ly thing between you and failure, whether it's a project, contract, grant application or proposal. Success is in the details of the SOW. Without it, you can't compete or communicate. Those who have managed contracted work know that poorly written SOWs can lead to communication breakdowns, misunderstandings, disputes, rework, delayed completion and added expense. In this teleconference, you  more...

Keys to Understanding and Writing Purchasing Contracts ...sm by their degree of sophistication in writing their own contracts. Many purchasers relinquish their responsibility for writing contracts and leave it up to their legal staff to accomplish this critical skill. A few purchasers develop their knowledge, skills and ability writing contracts, and thus distinguish themselves within their organizations and the purchasing profession. This audio  more...

Construction Substitutions: Current Issues and Complexities ...on construction projects have been around since the first contractor had to competitively bid for the work. In today's market, winning a contract for the provision of construction products has become even more competitive. This audio conference will help you understand the steps in the process and what the important considerations are in reviewing a substitution request. We will also provide  more...

Owner Construction Risk: How a Controlled Insurance Program Can Protect Your Assets ...contractors have been subject to increased litigation arising from risks created by construction operations. However, due to changes in the insurance market, contractors are increasingly challenged to secure insurance coverage to meet owner insurance requirements. As a result, many owners have turned to incepting an owner-controlled insurance program or relying on a contractor-controlled  more...

Contract Basics for Paralegals ...Contracts govern the basic business and commercial relationships for most of us; yet for many the basics of contract law remain a mystery. There is often misinformation about such simple questions as 'Is a handshake enough?' or 'Do all the boilerplate terms of a contract really matter?' This audio conference will address these and many more issues surrounding the formation and enforcement of  more...

Avoiding Legal Pitfalls on Construction Projects: The Three Ds (Dollars, Delay and Defects) BenefitsConstruction projects are notoriously fecund areas for legal disputes, most of which can be categorized according to the Three Ds: dollars, delay and defects. Is it inevitable that all construction projects will at some point be labeled troubled, or is it possible to avoid the chronic and recurring bugbears? This audio conference will help you anticipate and maybe even avoid the classic  more...

Executory Contracts Under Bankruptcy ...ference will give you a better understanding of executory contracts and unexpired leases, and what they are. It will examine the strategic issues whether you represent the debtor, the nondebtor party to the lease or contract, or other interested parties. The speaker will discuss what to do during the period between the bankruptcy filing and assumption or rejection, as well as how to calculate  more...

Purchasing Contract Remedies ...tion of each. Carefully applied, these do much to prevent contract difficulties from becoming out and out disputes. They can help keep your business moving - and your internal clients happy - while reducing the need to ever call in the lawyers. This audio conference will discuss these principles in detail. This program is intended to equip you to design and negotiate contracts that work -  more...

Mobile Banking: Banking Without Borders BenefitsLike online banking, mobile banking is poised to revolutionize the industry, but it has stagnated in its infancy. Given the indispensability of cell phones and their broad capabilities, banks and technology providers are rapidly developing solutions that use cell phones to provide unparalleled convenience and value to customers. With the potential to competitively and geographically level  more...

Best Practices in Performance-Based Service Procurement BenefitsPerformance-based service procurement is a commercial best practice for many types of service procurements. The General Accountability Office says performance-based procurement is the government's primary resource for correcting problems in service procurement. In both the public and private sectors, it benefits the buying organization in many ways when done right. Performance-based  more...

Competitive Public Bidding and Public Contract Code in Florida ... to grow their businesses. While competing for government contracts presents expanded opportunities for success, participation in such procurements is governed by rules, laws and case law precedent not generally applicable in the private sector. This teleconference helps you understand how to obtain contracts with the government and better understand the requirements to effectively compete in a  more...

Surety Bonds and Contract Provisions ...nce bond is a tri-partite agreement among owner (oblige), contractor (principal) and surety (obligor). The surety acts as the guarantor of the contractor's performance. The rights, duties and obligations of the parties will be determined by the rules of contract interpretation. Key areas of potential dispute focus on the surety's potential exposure to extra contractual damages. The payment  more...

Construction Joint Ventures: Benefits and Pitfalls BenefitsConstruction joint ventures, properly conceived and implemented, enhance the marketing opportunities and organizational assets of the individual joint venturers thereby enabling the joint venture to obtain and successfully complete larger more complex projects than those the joint venturers could undertake individually. Construction joint ventures are excellent vehicles for combining  more...

Managing Construction Costs BenefitsRising construction costs are a fact of life. Budget overruns are frequent occurrences. When costs rise, someone pays - how can you avoid being the one who pays? A savvy construction business person can take many steps along the way to apportion the risks of construction in a way to ensure that his or her company avoids getting stuck with the bill for escalating costs. Some of the most  more...

Best Practices in Electronic Invoices and Electronic Payments BenefitsIt may seem impossible to escape the paper-heavy processes in your AP department and achieve the coveted paperless status, but pulling off this caper is not a feat reserved for only paper mavericks. Instead, we can show you there is a way to achieve a paper-free environment and realize your ROI. In this teleconference, e-invoicing architect Henry Ijams will discuss your options for a  more...

Best Practices for MRO Purchasing BenefitsMany organizations lack thorough MRO purchasing strategies that are comprised of a guiding strategy and supporting tactics to achieve the goals that have been identified for the MRO purchasing function. This is often a significant opportunity to reduce operating cost and improve mean time to repair. This teleconference will help you understand and design the MRO purchasing system and  more...

Reverse Auctions: Current Issues and Opportunities BenefitsAll across the spectrum, organizations are seeking ways to save money on their operations. Certainly, gaining efficiencies in your procurement spending can make a tremendous difference on your bottom-line in the private sector and in saving precious budgetary resources in the public sector. How can you achieve 5 to 20 percent or more savings on much of what your organization spends on  more...

Reporting and Disclosure Requirements Under the American Recovery and Reinvestment Act of 2009 ...ime recipients can approach and address sub-recipient and contract monitoring, and annual audits and ARRA's impact on audit approach and execution This teleconference is critical for those who receive or distribute ARRA funds and are thereby responsible for their use and associated program performance. This teleconference is designed for municipal officials, city managers and administrators,  more...

Sustainable Design and LEED Specification Requirements ...contract that describe the quality of materials, the quality of workmanship and the administrative processes required for the contractor to deliver a building that meets the owners requirements. One of these requirements may be LEED certification. This teleconference will give you an understanding of the importance of the Division 1 specifications in ensuring LEED requirements are met and  more...

Express and Implied Warranties Under UCC Article 2 BenefitsThe warranty provisions under UCC Article 2 and the laws interpreting them provide a vast amount of information that can seem overwhelming at times. This teleconference will provide a general overview of the scope of Article 2 and the types of warranties offered by the UCC, and discuss the various defenses, remedies and damages available for each type of warranty. The discussion will  more...

Interstate Land Sales Full Disclosure Act: Application to Condominiums and Single-Family Homes ...conference will also explain the substance and details of contract compliance with ILSA exemption standards, and provide overview and detail on key exemptions and registration. What's more, Mr. Chasnow will cover defense against claims of ILSA violation made by purchasers of condo units or homes to increase the developer's chances of successful deflection of allegations of ILSA violation.  more...

Building Information Modeling: Planning, Design and Legal Considerations ...m member. We will talk about some new developments in BIM contract language that you may have heard about, as well as what legal issues may be real and what may just be excuses. When we talk about the tools and the processes, we will explore some costs and benefits of BIM throughout the team. We will talk through a couple project examples where BIM tools and processes were used to really make a  more...

Common Principles for Successful Design-Build Projects ...ate or the public sector and how to select an appropriate contract format. Learning Objectives - You will be able to explain potential risks in design-build. - You will be able to review and apply design-build in the public sector. - You will be able to define and compile contract provisions. - You will be able to describe and integrate project delivery. Construction and project managers,  more...

Lease vs. Buy: Choosing the Best Option BenefitsThe decision to finance business equipment through lease programs or by purchases is one of the most difficult and important decisions faced by businesses every day. Making the wrong choice can not only result in economic loss but significant disruption of business, loss of time and opportunity. This teleconference will provide you with a comparison of the benefits and pitfalls of  more...

Change Order Basics ...ruction change directives, cardinal changes, abandonment, contract modifications and managing change. You will gain a clear understanding of these concepts and how they apply to the owner, contractor, subcontractor, lender and surety. The panel will discuss differing site conditions, defective or ambiguous plans and specifications, disclosure of information, allowances, owner interference,  more...

Selecting Vendors: An Introduction to RFPs BenefitsThis teleconference is an introductory course for those who are just beginning to consider or use RFPs in their procurement process. It will provide you with a basic understanding of how requests for information and requests for proposals can be used to increase corporate procurement efficiencies and deeper vendor relationships. It will provide insights on best practices in Fortune 500  more...

Forums for Resolving Construction Disputes ...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  more...

Conflicts With Additional Insured Coverage ...contracts and purchase orders often require contract counterparties to add one another as additional insureds to general liability, property and other insurance policies. Relying upon another parties' insurance coverage can offer important benefits to the additional insured, whose own insurance coverage may not be implicated in the event of a claim. At the same time, relying upon additional  more...

Strategies and Techniques for International Debt Recovery ... customers. From the credit application process and sales contract through credit insurance and international litigation and arbitration, he will cover what you need to know to help you mount an effective credit and collection strategy for your international accounts. As in debt collection in general, there is no way to guarantee complete success, but taking advantage of David's experience will  more...

Doing Business with Distressed Vendors and Customers: Strategies to Employ in Workouts, Litigation and Bankruptcy BenefitsThe strains of the current economic crisis are being felt in every industry and at every point in the supply chain. More and more often, vendors are encountering distressed buyers and buyers are dealing with distressed suppliers. Attend this teleconference and you will learn to recognize the early warning signs of financial distress, and be armed with strategies that can be employed in  more...

How to Successfully Identify, Propose, Win and Manage Government Contracts BenefitsSmall and medium-sized businesses often experience difficulty conducting business with the federal government. They also do not know of the many tools and resources at their disposal. This teleconference provides those responsible for or trying to penetrate the federal government market space with valuable insight into the intricacies of the federal government acquisition lifecycle. It  more...

Well Agreements: Legal Issues and Contract Solutions ...he teleconference will also explain and provide practical contract solutions for other types of well agreements, such as regional well development agreements, agreements on mitigating damages to wells, monitor well agreements and agreements restricting the installation of wells. Learning Objectives: - You will be able to review points that should be included in well sharing agreements. - You  more...

Current Issues in Cloud Computing: Is There Sun Behind Those Clouds? ...ues cloud computing poses - particularly when it comes to contracting with cloud companies. Many may be taking substantial risks without even knowing it. This teleconference will provide a thorough introduction to cloud computing technology and discuss the key commercial and legal issues involved in doing business 'in the cloud', including contracting, security and regulatory issues, and more.  more...

Controlling Purchasing Card Risk BenefitsThe backbone of an effective purchasing card program is a good control system. Without it a program may never realize its potential and risk may turn into reality causing a potential program shutdown. Fabian Aragon, P-Card program manager with Sandia National Laboratories, will discuss different ways a program can minimize risk, including basic controls, procedural controls, and assurance  more...

Purchasing Law: Effective Contract Negotiation & Management In Times Of Financial Uncertainty ...at risk is managed through the effective understanding of contract negotiation, including the contracting process itself. The teleconference also addresses methods to reduce risk through the use of contractual protections. Finally, having entered a contract, the teleconference discusses means of managing the contractual relationship, avoiding common relationship breakdowns and working with  more...

The Construction Bidding Process BenefitsThe federal construction bidding process is complex. This teleconference will review the complicated federal construction bidding process, including sealed bidding procedures and negotiated procurements. The teleconference will also review practical substantive issues which commonly arise in preparing a bid or proposal for federal construction work, such as proprietary specifications,  more...

AIA Document A401 ...contract agreements are often given less strategic consideration than prime contract documents. Whereas the prime contract may be analyzed and negotiated for an extended period, the subcontract may be pulled from an older project and put in place with a simple name change and scope of work change. Failure to consider the subcontract strategically may prove disastrous. Subcontractor disputes are  more...

Best Practices in Invoice Processing BenefitsCritical tools such as electronic invoicing, vendor inquiry and Optical Character Recognition are rapidly changing the accounts payable field. Join an accounts payable industry analyst to learn why your job depends on not only understanding these high-power tools, but becoming an expert in their use and application. This teleconference will cover the tangible benefits of streamlining your  more...

Construction Release Due Diligence ...e release embedded in the fine print of the standard form contracts you sign. The release that's not called a release. It's called a lien waiver, or a pay application, or acceptance of final payment, or a change order, or waiver of subrogation. The document you sign without recognizing how it may impact your right to make a claim. In these recessionary times, money is tight and cash is king.  more...

Pros and Cons of Cost-Plus vs. Fixed Price Contracts ...contracts for construction projects offer different protections and incentives for both owners and contractors. With today's economic pressures, it is important that project participants know the factors to consider in choosing between these pricing approaches and to understand the advantages and disadvantages to each. The current economic situation has imposed great strains on the  more...

GSA Price Reduction Clauses (PRC) in Contracts ...contracting is a convenient way for companies to sell their products to the federal government. However, doing business under GSA FSS contracts presents a number of compliance issues, with one of the most important being the price reduction clause. This clause is included in all of the GSA Multiple Award Schedule schedules and essentially it guarantees that GSA receives a contractor's most  more...

8 Issues When Doing Business or Contracting With Native American Tribes ...veloped its own laws and regulations addressing issues of contracting, jurisdiction and waivers, if any, of sovereign immunity. Individuals and entities seeking to do business with and/or contract with one or more tribes must become familiar with the laws and regulations of each tribe when preparing to engage in business with the tribe. However, there are also basic tenets of American Indian  more...

Construction Recordkeeping and Documentation Requirements for Government Contracts ... successful business, it is also a mandatory condition of contracting with the federal government. Federal laws and regulations require federal contractors, including construction contractors, to maintain certain records related to the contract for a specific number of years. Consequently, federal contractors are well advised to establish good recordkeeping policies and procedures that satisfy  more...

Integrated Project Delivery Principles and Building Information Modeling BenefitsMany in the facilities community, including designers, builders and owners, need a hand understanding IPD and BIM. What does it all mean? Who benefits and how? Some that have heard about IPD and BIM may be wondering how to either ask for it in their projects or implement these principles in their firms. There are some basic concepts in IPD and BIM that can be used in every project large or  more...

Float Ownership Issues in Construction Project Management ...ation. This teleconference will also review the effect of contract provisions and the development of case law related to the use of float. This teleconference will increase awareness of issues related to float and better idea of how you can address those issues. Learning Objectives - You will be able to discuss contract provisions. - You will be able to analyze techniques to minimize and or  more...

Contractor Selection ...sful project, in these 'watch the bottom line' times, the contractor you place in charge of the work is the most important person on the project. This teleconference will assist you review the key issues on contractor selection and raise important points for the negotiation of construction contracts. Learning Objectives - You will be able to breakdown project delivery methods. - You will be  more...

Construction Contract Bid Errors ...contractors to obtain work have never been greater. The competition for contracts, often coupled with precarious financial health, leaves very little margin for error - yet bid mistakes are on the increase with adverse consequences for owners, contractors and subcontractors. This teleconference analyzes the legal consequences of bid errors and how to avoid them. Those who conduct the  more...

Purchasing Law: Breach, Repudiation and Excuse ...ic understanding about what you can do when your purchase contract goes bad. You will receive a primer on the steps you need to take to preserve your rights and the remedies that may be available under the Uniform Commercial Code. Learn about the important notifications you need to make when the goods arrive but are defective, or when you learn the goods don't work after you accept delivery.  more...

Fundamentals of Writing RFPs BenefitsVendors cannot possibly offer an intelligent, thoughtful proposal solution if your RFP is unclear, unorganized and disjointed. This engaging teleconference will provide proven methods for drafting RFPs that are clear, precise and produce desired results. Learn 10 writing tips that will guide you in creating an effective RFP. Learn how to format your RFP to lead vendors toward answering  more...

Eichleay Damages and Delay Claims ...d delay; 2) there is standby; and 3) while on standby the contractor cannot take on substitute work. Under this stricter federal standard, a contractor must demonstrate effective suspension of much or all of its work to satisfy the standby requirement for entitlement to Eichleay damages. Should you even focus on Eichleay damages in your delay claim? What are keys to a successful delay claim?  more...

Collective Bargaining and Construction Labor Contracts ...contractors who sign collective bargaining agreements and later find out that the agreements do not accurately represent the verbal understandings they had reached with the union. Many of these contractors soon learn they are bound to the collective bargaining agreements for longer periods of time than expected and that the agreements cover all projects involving work within the union's  more...

Construction Payment Remedies: Using the Right Tools BenefitsThe recession has made nonpayment and late payment critical concerns to many in the construction industry. The unique nature of the industry and the special remedies available to those in it make payment disputes matters of much interest to all involved in the construction process. The recession has only made resolution of these disputes more challenging. This teleconference will cover  more...

Determining the Best Service Delivery Options for Public Works and Utility Projects: In-House or Contract? ...r activity is best delivered by in-house staff, through a contract with a neighboring government or a private contractor, or a combined approach with some tasks performed in-house and others by a contractor. The teleconference will present a practical, nuts-and-bolts approach with examples to help you determine how public works services should be structured and delivered to gain the greatest  more...

The Claims Process on Federal Government Contracts - Maximizing the Return on Your Investment ...contractors incur additional costs for changes, delays, differing site conditions and contract terminations. However, all too often these contractors do not understand how to effectively seek compensation for these additional costs. This teleconference will help you understand the types of costs you can recover, the circumstances under which certain costs may be recovered and how to go about  more...

ConsensusDOCS Contract Fundamentals ...Contractors of American and the Construction Owners of America folded their AGC contract documents program into a new organization and issued a new series of contracts called the ConsensusDOCS. These forms, some revised and some entirely new, were issued at nearly the same time as the American Institute of Architects' 2007 revision of the AIA contract documents and the issuance of the entirely  more...

When Bad Things (Unexpectedly) Happen to Good Projects: Force Majeure Clauses in Contemporary Construction Contracts ...substantial increased costs? Virtually every construction contract contains a force majeure clause providing for schedule and price relief for such events if contractually-mandated conditions are met. What is the contractual theory behind, and justification for, such clauses? Do boilerplate force majeure clauses from other eras adequately protect owners and contractors from force majeure risks  more...

Purchasing Contract Administration ...nding how to add real value and avoid tragedy through the contract administration process. It will provide best practices from Fortune 500 companies, tips on how to approach difficult purchasing transactions and insights into the practical problems of taking a deal from start to finish. This teleconference tells it how it is, as well as how it should be, for new procurement professionals and  more...

OFCCP Compliance for Construction Contractors ...ance Act. Because of the renewed emphasis on construction contractors by the Department of Labor's Office of Federal Contract Compliance Programs, contractors must be well prepared to defend their employment practices. This teleconference will provide you with an overview of the laws and regulations affecting federal construction contractors. Discover how to successfully navigate a compliance  more...

Understanding Design and Construction Defects ...d construction fails to perform as required by applicable contract documents or accepted standards. It is the bridge whose cables flex and snap, the concrete that is under-strength or structurally deficient, the roof that leaks, the adhesives that do not bond and the paint that peels, to name only a few examples. Construction defects can affect projects in ways ranging from poor aesthetics to  more...

Understanding the Bridging Project Delivery Method ...schematic design documents as bidding documents. Bridging contract documents are substantially different from design development documents and are usually somewhat more extensive in some areas while less extensive in other areas. Another common failing is for the owner not to have the right to terminate the DB contract without cause upon completion of the CDs. This teleconference will help you  more...

Construction and the Uniform Commercial Code ...s of the parties in a construction project? Construction contracts are service contracts and sales of personal property contracts are contracts governed by Article 2 of the Uniform Commercial Code. What are the theoretical and practical differences between the two types of contract? When is the sale of goods simply part of a construction contract and when does a construction contract become a  more...

Prequalification in Government Construction Contracts ...ations, and how do you address them in different types of contracts? This teleconference will discuss how to recognize and deal with prequalification requirements in federal contracts. State and local government procurements such as the Model Procurement Code, entities under federal grant programs and bidders' due process rights will also be discussed. Learning Objectives: - You will be able  more...

Terminating a Construction Contract: Legal Issues and Considerations ...contractors to increasingly consider the last resort of terminating their construction contracts. It is important to fully appreciate and understand the law governing termination in order to avoid causing even more economic damage. This teleconference will provide the basic concepts of termination and will provide some examples of the right and wrong way to terminate construction agreements.  more...

Value Engineering Change Proposals in Government Contracting ...contractors are greatly focused on achieving cost reductions in their production processes, such as through lean manufacturing and Six Sigma programs, to become more competitive and increase profits. However, few contractors take advantage of a contractual tool, the Value Engineering ('VE') contract clause, which was established specifically to provide increased profits from cost reduction  more...

Construction Contract Accounting: A Three-Dimensional Look at the Numbers ...eports do more than help you comply with the terms of the contract. Financial reporting can help you become more profitable by giving you the information you need to make smart management decisions. This teleconference will discuss three types of accounting - financial, tax and internal/management. Learn how to combine the different methods to get a three-dimensional view of your construction  more...

How To Prevent Construction Projects From Going Bad ...lan for it from both the perspective of the owner and the contractor, ways to manage risk through key contract provisions and project management tools, and how the surety's ability to perform may be affected by the actions of the parties during the construction process. n nLearning Objectives n- You will be able to arrange a plan for success. n- You will be able to predict when is "bad" too  more...

Understanding Legal Issues with Construction Subcontracts ...l provide you with information and knowledge on legal and contractual issues affecting subcontracts that are commonly encountered, such as changes and extras, pricing, termination, dispute resolution, risk allocation, pay to be paid provisions and other common clauses. The information obtained through this will assist you in fully comprehending the risk you are assuming in a contract. Knowledge  more...

AIA Document A312 Payment Bond Forms ...contractors to obtain payment and performance bonds using the American Institute of Architect's A312 bond forms, but those bond forms require contractors, owners and sureties to contend with a number of challenges - the most recent of which is the surety industry's refusal to issue such bonds without modification because of the so-called 45-Day Rule. This teleconference is designed to help  more...

Effective Utilization of Employee Waivers ...as discrimination, harassment and retaliation, as well as contract claims and tort claims such as defamation and invasion of privacy. Pre-employment waivers put employees on notice of employment screens such as background checks and drug testing. During employment, employee waivers define employee expectations of privacy in the workplace and limit company liability for employee activities.  more...

Construction Delays Caused by Permitting ...n they arise. This teleconference will address how to use contract language to minimize and allocate the risks associated with permitting delays. In addition, it will address certain best practices, such as carefully considering the permitting process during the development of the design and construction schedule. You will also learn how to handle claims that arise from permitting delays. n  more...

Differing Site Conditions ...e construction industry deals with those claims, both via contract and in the courts. By attending, you will be more prepared to keep on the look-out for those situations where differing site conditions claims might arise and understand what your various rights and remedies might be, whether you are an owner, general contractor or subcontractor. n nLearning Objectives n- You will be able to  more...

Managed Care Contracting and Fee Schedule Review ...ors are charged with the task of negotiating managed care contracts for their practices. This responsibility is generally an inherited function from their predecessor. Most do not understand how to compute an equitable fee schedule or track contract performance. This teleconference will help you understand methods for tracking to performance and how first to establish a fee schedule. Common  more...

Key Provisions of Two New EJCDC Contract Documents nThe EJCDC documents are widely used in the construction industry for design and construction of public and private infrastructure projects, including bridge, highway and other transportation projects, water and wastewater treatment facilities, utilities, processing facilities, pipelines, landfills, and other engineer-designed facilities. This teleconference will provide a focused discussion of  more...

Purchasing Contract Disputes ... interruptions (and costs) that can occur when purchasing contract disputes occur - and turn potential career-limiting purchasing disasters in 2009 into success stories. This introductory course will help you understand how such disputes arise, how to avoid them and how to deal with those legal disputes that you can't avoid. You'll gain an understanding of standard contract provisions and  more...

Best Practices in Purchasing Software nNegotiating software licenses can be frustrating for the business owner. Once you get past the 10-point, double column format of most vendors' license forms, you begin to understand that there are no standard terms and conditions for licensing software - each deal is unique. This teleconference will help the person responsible for evaluating, purchasing and maintaining enterprise-wide software  more...

Green Contracting: the Federal Government's Procurement Policies ...contractors will have questions regarding the effective implementation of the OFPP policy and will further be concerned as to whether its costs will impact their competitiveness or ability to perform economically. Additionally, the monitoring and reporting that the government will require will have an impact on time and costs and one wonders if contractual sanctions will be imposed for failure  more...

Challenges and Contractual Issues With Sub-Subcontractors ...contractor in today's construction industry faces unique challenges and concerns - from dealing with a bid process that can lock in a bidding subcontractor without any written agreement, to subcontractor form contracts that are written largely, if not entirely, in favor of the general contractor. In addition to concerns in bidding and contract formation, a subcontractor must constantly evaluate  more...

Effective Job Cost Reports in Construction Project Management nIn today's fast-paced and complex construction environment, construction industry professionals require immediate access to timely and accurate information. One of the most important management tools available to project teams is the job cost report. Properly designed and used, the JCR can be a powerful document that provides an up-to-date snapshot of the project status that also highlights  more...

AIA and ConsensusDOCS Contract Documents: Comparison and Contrast ...on industry when the parties involved in the construction contracting process encounter standard form contract documents. Two of the principal sources of such standard form construction contract documents have both recently issued the 2007 editions of their respective families of contract forms. The long established family of documents published by the American Institute of Architects has been  more...

From Contact to Contract: The Ladder Approach to Managing a Sale nMost salespeople follow a chaos theory of managing a sale - whatever happens, happens. Consequently, after leaving an initial meeting with a prospect they wonder how, when and why they should reconnect with the prospect. Not only does this lead to lost opportunities, even with prospects who do become clients the process is difficult, fraught with worry and uncertainty, and wastes a great deal of  more...