Contracts Telephone Seminars

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...

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 ...n Act when bidding on and performing federal public works contracts and the consequences of noncompliance. This live audio conference will provide you with the information you need to understand the specific requirements of the Davis-Bacon Act, when it applies, and the process necessary to ensure compliance and avoid enforcement actions and potential penalties. Failure to comply with the  more...

Essential Concepts In Construction Contracting ... 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 responsibility did not involve negotiating construction contracts or understanding the financial implications of risk allocations. Whether  more...

Navigating Trade Sanctions Laws in International Business Transactions ...hat U.S. trade sanction regulations may materially impact contracts, supply agreements and the ability to effectively deliver products to a global market. Further, recent enforcement cases have not only signified higher penalties, but also that both U.S. and foreign companies are targeted. This live audio conference is uniquely designed for the corporate legal practitioner to gain an  more...

Battle of the Forms and Managing the Contracting Process ...ctive 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  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...

How to Sell to the U.S. Government ...d with dead ends and frustration. Competitors are winning contracts but it can seem impossible to get through to decision makers, or valuable time and resources are wasted responding to bids that fail. This live audio conference demystifies the federal contracting process and identifies a step-by-step process to increasing sales to the U.S. federal government. We will clearly identify how to  more...

Getting Burned by Boilerplate: The Pitfalls of Using Outdated Standard Real Estate Contract Provisions BenefitsProblems can arise when boilerplate 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,  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...

Waiver of Subrogation Clauses and Provisions in Construction Contracts BenefitsThis live audio 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  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 ...ing, interpreting, arbitrating or litigating construction contracts based on the AIA format. This 90-minute audio conference is designed to survey two principal AIA forms, highlighting recent changes to them and enable you to be more knowledgeable and better equipped when dealing with the AIA forms. Learning Objectives - You will be able to discuss key provisions and revisions to the  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...

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...

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 BenefitsAccording to the old proverb, 'When things get tough, the tough get going.' A corollary might be, 'When things go wrong, call the lawyers.' At which point a headache could easily become a nightmare. Is there a better way? Of course there is. Litigation can, and should be, a last resort. After all, litigation takes time and our business clients typically need something NOW: the steel for  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...

Labor Law: Could 2011 Be the Turning Point for Unions? ...ed to post information for a union if you have government contracts? What about contingent workers and independent contractors? With a Democratic majority now on the National Labor Relations Board, how will doctrines and decisions handed down from the Board change? Will the recent Supreme Court ruling on almost 100 NLRB cases have any major impact? If any of these questions seem unfamiliar and  more...

Immigration Issues for Construction Professionals ...ess E-Verify and different rules, E-Verify and government contracts. Learning Objectives - You will be able to review and correct I-9 mistakes. - You will be able to discuss social security mismatch letters. - You will be able to explain new policies and forms. - You will be able to conduct and identify an I-9 Form audit to protect the company. This teleconference is designed for project  more...

Interstate Land Sales Full Disclosure Act: Application to Condominiums and Single-Family Homes ...tions of ILSA violation. Failing to have properly drafted contracts for condo units or homes, or a HUD registration, is a common error of developers and exposes them to individual rescission actions and sometimes class action suits on a broad scale. Finally, the issue of piggyback exemptions will be explored and discussed. Whether to defend against rescission for sales already made or 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...

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...

AIA Document A401 BenefitsConstruction subcontract 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.  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 ...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 favored customer pricing upon award and protects it from any lower pricing being  more...

Construction Recordkeeping and Documentation Requirements for Government Contracts ...Objectives - You will be able to state federal government contracts and general recordkeeping requirements. - You will be able to identify liability for noncompliance. - You will be able to specify statutes of limitation considerations. - You will be able to recall retention policies and procedures. Project managers, contractors, subcontractors, engineers, architects, presidents, vice  more...

Contractor Selection ...aise important points for the negotiation of construction contracts. Learning Objectives - You will be able to breakdown project delivery methods. - You will be able to explain contract negotiation and information. - You will be able to propose bid solicitation and pre-construction services. - You will be able to recite important contract issues. Project managers, presidents, vice  more...

Construction Contract Bid Errors ... 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 procurement of  more...

Automated Meter Reading and Advanced Metering Infrastructure: A Guide for Municipal Water and Energy Utilities ...ying and integrating systems, including negotiating solid contracts, creating robust project controls, and managing and effectively using all the information provided by the system will be discussed. Finally, it will present real-world examples, highlighting successes and how to avoid pitfalls. Learning Objectives - You will be able to summarize emerging technologies and applications. - You  more...

Building Green Without Losing Green: Managing Risk in Sustainable Design and Construction Contracts ...e emerging risks present in green design and construction contracts. Contractual risk mitigation will be analyzed from the perspective of both the owner/developer and the design/construction professional. This teleconference will also review examples of asserted green claims and relate such claims to previously discussed risk subjects. Attendance is critical for those who are active or seeking  more...

Collective Bargaining and Construction Labor Contracts BenefitsThe construction industry is rife with 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  more...

Commodity Risks: How to Identify and Implement a Corporate Hedging Program BenefitsMany firms are unprepared to manage the risks associated with changes in commodity prices and their effect on the bottom line. Such firms often wonder if there is a way to manage the risk differently - could they identify the risk in advance, anticipate the impact and mitigate the changes such that their bottom line is preserved? Yes. This teleconference will help you identify the risks of  more...

Determining the Best Service Delivery Options for Public Works and Utility Projects: In-House or Contract? .... - You will be able to list examples of creative uses of contracts to gain efficiency and effectiveness. - You will be able to outline techniques for cost of service and efficiency analysis. - You will be able to compile in-house or contracting decision-making criteria. Public works and utilities directors, engineers, government officials, construction and project managers, architects,  more...

The Claims Process on Federal Government Contracts - Maximizing the Return on Your Investment BenefitsMany federal 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  more...

ConsensusDOCS Contract Fundamentals ...rogram 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 new AIA forms for integrated project delivery. Since then, ConsensusDOCS has been in competition  more...

When Bad Things (Unexpectedly) Happen to Good Projects: Force Majeure Clauses in Contemporary Construction Contracts BenefitsWhat happens when unforeseen external events, such as an act of nature (e.g. a hurricane or flood), an act of war (e.g. a terrorist attack) or similar sudden, disruptive developments impact a construction project and result in schedule delays and substantial increased costs? Virtually every construction contract contains a force majeure clause providing for schedule and price relief for  more...

Understanding and Troubleshooting Copyright Law ...of your company's materials. Plus, we will discuss simple contracts and proactive legal steps that can protect your interests and your creative materials. This teleconference is invaluable to any person or company that downloads materials from the internet or produces any type of copyrightable works, including letters, advertising, articles, presentations, or any other type of materials which  more...

Fast-Track Construction: Opportunities and Challenges Management BenefitsMore and more construction projects are being done with at least some fast-tracking where construction starts before the design is complete. At the same time, there are industry trends that are dramatically changing the way projects are designed and built. Understanding the challenges and inherent risks of fast-track construction and these trends can help owners, architects, engineers and  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 ...onsider 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. Learning Objectives - You will  more...

AIA Document A312 Payment Bond Forms ...rsonnel responsible for obtaining bonds and administering contracts avoid the pitfalls presented by use of the A312 bond form and to modify the bonds in a way that will meet their business objectives. Particular attention will be paid to the 45-Day Rule modifications approved by the AIA and certain major sureties and to potential conflicts between bond terms and your contract terms. In the  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...

Challenges and Contractual Issues With Sub-Subcontractors ...ctor 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 and preserve its relationship with the prime contractor on its projects. In doing so, a subcontractor is often tempted if not altogether resigned to  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...