Course Details
Construction Law Contracting
It’s a given that contracts will be part of any construction project. If you have responsibility for this area, this contracting training will provide you with very specific information to help you succeed in this function. This supply management course will focus exclusively on the legal environment and aspects of contracting for construction projects. You’ll have two full days to dive into contract formation, performance, remedies and agency relationships – all reviewed in the context of construction projects. Be sure to have copies of your contracts for reference during the program, so you leave with practical application and experience relevant to your organization. This is a must-attend workshop.
Member Price: $1,399.00
VIRTUAL CLASS
Date
Jun 7-8, 2023
Location
Additional Information
Presenters
Prior to starting his own firm in 1991, William Agee, C.P.M., C.E.M, CMN, CPE, CPP, CPIM, SSBB, was a vice president in a large international management, consulting, and educational firm specializing in world class education, financial reviews and audits, procurement service, quality management, manufacturing and human resources. Agee has been involved in purchasing and materials management at various levels for over 30 years. His purchasing experience includes governmental (federal and state), wholesale, retail, service, industrial and manufacturing.
Previously, Agee was the Manager of Purchasing and Contract Administration at Allergen, Inc., a Fortune 300 corporation, which manufactures pharmaceutical and over-the-counter eye care products. While in residence, he also became familiar with the manufacturing and planning process for the 17 different lines of production both for their domestic operations as well as their international branches. Agee was also contracts manager for a large Department of Energy project where he oversaw the contracts development and management.
Additionally, Agee taught for Baylor University in the areas of purchasing and materials management. He developed a computerized purchasing simulation program entitled The Smart Buyer to provide realistic perspective of marketplace fluctuations and potential results. In addition, he has developed over 172 educational programs for organizations primarily focused in the areas of SCM, contracting and purchasing. He is the 2005 ISM Award Winner of the Howard W. Cosgrove Award for outstanding contribution to the profession.
Agee holds degrees in marketing and management. He is affiliated with many companies and organizations including the American Wholesale Marketers Associations, CIBA-Geigy, Allergen, Inc., American Contract Manufacturers Association (AMCON), The Fritz Company, Inc., Diamond Shamrock Corporation, Kodak, Medtronics Interventional Vascular. He is a CPE and CPP, both certified by the American Purchasing Society (APS) and a C.P.M. by the Institute for Supply Management (ISM). He has also been certified for the Certified Production and Inventory Manager by the American Society of Production and Inventory Control Society and Six Sigma Black Belt. In addition to being a speaker for ISM, he has held both local and national offices with the organization and has written several articles for leading purchasing and business publications.
Description
What You Will Learn:
- The legal environment for construction contracting
- Basics of contract formation
- Agency law as related to construction contracting
- Construction project contracts
- Construction specific contracting considerations
Virtual Class Schedule:
Day 1 - 10:00 am ET - 1:30 pm ET / 7:00 am PT - 10:30 am PT (3.5 hours), Break for Lunch
Day 1 - 2:30 pm ET - 6:00 pm ET / 11:30 am PT - 3:00 pm PT (3.5 hours)
Day 2 - 10:00 am ET - 1:30 pm ET / 7:00 am PT - 10:30 am PT (3.5 hours), Break for Lunch
Day 2 - 2:30 pm ET - 6:00 pm ET / 11:30 am PT - 3:00 pm PT (3.5 hours)
Course Overview & Goals:
- An in-depth look at the legal environment, including sources of contract law, common law, statutory law, construction-specific law, regulation of contractor/architects/engineers, building codes, and application of tort law to construction
- Review and details around contracting basics to include: contract formation, offer, acceptance, consideration, lawful purpose, competent parties, documentation requirements, contract performance, contract remedies, statute of limitations, liquidated damages, and dispute resolution clauses
- A close look at agency law, including: principal/agent relationship, agent's and principal's duties, authority of the agent, protecting agency status, liability of the principal and agent
- Analysis of construction project contracts: owner-architect/engineer, owner-contractor, general conditions; special (supplementary) conditions, drawings, technical documents, contractor-subcontractor, project delivery methods, design-bid-build, design-build. construction manager at risk, construction manager agency, integrated project delivery (IDP), public-private partnership (P3), task order construction agreement (TOCA): job order contracting (JOC)
- A look at construction-specific contracting considerations:
- Schedule
- Right to stop work
- Suspension of work
- Compensation
- Lump sum
- Guaranteed maximum price
- Time and materials
- Unit prices
- Invoicing/payment procedures/retainage
- Mechanics liens/lien indemnification
- Responsibilities of the parties: owner (project manager), contractor (construction manager), and architect
- Modifications and change orders
- Authority issues
- Documentation requirements
- Other Contract Clauses
- Indemnification
- Insurances and bonds
- Warranties
- Inspection/correction of work
- Termination/cancellation
- Ownership of drawings, specifications, etc.
- Correlation of documents
- Review of field conditions
- Permits, fees, and notices
- Access to work and clean-up
- Relationship with subcontractors
- Final vs. substantial completion
Who Should Attend?
This course is for contracting professionals wanting to know more about the unique arena of construction contracting with an in-depth dive into this specialty area of contracting.
Terms And Conditions
Virtual Learning Transferals: Registrations are transferable without any charge to another ISM Virtual Learning Course occurring within 12 months of the original purchase. Transferring registrations to another party are subject to price variance or change based on membership status and an additional $50 fee will be incurred.
Cancellations Virtual Learning: Cancellations more than 5 weeks before the date of the course will incur an administrative charge of 50 percent. Cancellation within 5 weeks of the date of the event will be charged the full fee. You must notify ISM in writing of a cancellation.
Tax Deduction: The Internal Revenue Service may permit an income tax deduction to U.S. residents for expenses (including registration fees, travel costs, meals and lodging) incurred in pursuit of continuing professional education. Consult your tax adviser for details.