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Litigating Construction Project Disputes - 101

Length: 2 hours 45 minutes

There are numerous participants in constructing a building or other type of project: owner/developer, general contractor/construction manager, sub-contractors, vendors and design professionals. Sometimes the owner/developer is a public entity with different considerations and constraints from that of a private entity. In view of the number of interested parties and the complexity of each project, disputes abound. This program covers the types of disputes which commonly arise, mechanisms to avoid procedural snafus and options in employing alternative dispute resolution alternatives. It comprises the first of two parts, the latter of which will focus on methods of calculating damages, enforcing and securing payment for work on construction projects, and will be held in the fall.

Program Chair: Virginia K. Trunkes, Ganfer & Shore LLP

CLE credit: New York: 3.0 skills; New Jersey: 3.1 general; California & Pennsylvania: 2.5 general

Agenda

6:00 – 6:05 Welcoming Remarks
Lindsey Ramistella

6:05 – 6:25 Scope of Work Disputes
- Changed or unforeseen site conditions
- Pricing and change order or extra work disputes
- Unforeseen or differing site conditions
Lori Schwarz

6:25 - 6:45 Timing Claims
- Delay and acceleration claims
- Incident versus cumulative impact claims
- Preserving claims
Arianna Frankl

6:45 – 7:15 Defective Work
- What constitutes a “defect?”
- Causes of action
- Relevant statutes and regulations
- Statutes of limitations
- Determining standards of care
Todd A. Bakal & Wojciech Jackowski

7:15 – 7:25 Break

7:25 – 8:05 Defaults/Non-Payment Disputes, Notice Provisions
- Breach of contract actions
- Prompt Payment Act actions
- Lien Law
- Giving notice
Richard R. Volack, Jeffrey R. Escobar & Joseph P. Hogan

8:05 – 8:35 Employing Alternative Dispute Resolution Alternatives
- Early Neutral Evaluation and Dispute Resolution Boards
- Mediation and Arbitration
- Dispute Resolution Provisions in Standard Construction Form Agreements
Amy K. Eckman & Lindsey Ramistella

8:35 – 8:45 Question/Answer Session
Panel



Original Recording Date: 3/24/2015


Produced By:

New York City Bar Association

Course Materials

  • Litigating Construction Project Disputes
  • Case Study
  • Construction Litigation PPT
  • Affirmation of Self-Study