Construction Law Bootcamp: Negotiating for Damages in Construction

Course Description

Navigate Through Construction Cases with Ease! The construction process is full of twists and turns. Each project poses its own unique set of characteristics. Are you prepared to handle each step along the way? This insightful two-day course will guide you through the initial steps of drafting and negotiating key contract provisions, determining insurance coverage, and taking care of defects, delays and change orders. Don’t miss this opportunity to fine-tune your skills in construction law – register today! • Discuss the types of contracts and how to determine which one is right for each project. • Learn how to successfully draft and negotiate the key elements of construction and design contracts. • Review ways to appropriately and effectively allocate risk through indemnification provisions. • Take a closer look at how to productively determine insurance coverage. • Make sure your client is fairly compensated for work associated with the construction project. • Discuss how to resolve costly delays in construction. • Examine methods for efficiently and promptly dealing with change orders. • Learn how to handle issues concerning flaws in the design.

Session Description

An important part of any case is determining what damages may be awarded to your client if you prevail in the litigation.  This is also true in construction litigation.  Whether right or wrong, the damages that may be awarded to do not always match what the client thinks he or she is entitled to.  Moreover, construction damages are generally not like the ones published on billboards or in television commercials.   As such, it is important that any attorney practicing in this area has a good understanding of what damages are available in construction contracts and how they are awarded as “Without incidental and consequential damages . . . [i]t may mean the difference between recovering one dollar, the price of a defective part, and one million dollars, the damages caused as a result of the defective part, in personal injury, lost profits, and more.”  Cricket Alley Corp. v. Data Terminal Sys., Inc., 240 Kan. 661, 669, 732 P.2d 719, 725 (1987)

Moreover, it is important to consider those potential damages in light of the costs and legal fees related to litigation, which are often high in construction litigation.  In almost all construction cases, an expert (or more than one expert) will need to be retained to testify on both sides of the litigation.  There are also depositions, hearings, and other time-consuming litigation activities.  Furthermore, these attorney fees and costs may or may not be recoverable depending on the provisions of the contract that is involved in the dispute.  Therefore, a misunderstanding about the available damages can have a significant impact on the net results to the client even after successful litigation of their claims.

Negotiating for Damages in Construction

1:35 – 2:25, Rick Davis

• A. Determining if Damages Were Direct or Consequential
• B. Calculating Damages in Construction
• C. Assessing and Proving Liquidated Damages
• D. Pursuing Non-Monetary Remedies for Damages

Accreditation Details: