On-Demand   On-Demand Web Programs

Building Better Construction Contracts 2013

Released on: Oct. 9, 2013
Running Time: 06:12:27

Running Time Segment Title Faculty Format
[01:02:14] Project Insurance, Risk Allocation and Delivery Methods; Standard of Care - The Threshold Approach David Mockbee ~ Mockbee Hall & Drake, P.A.
David J. Hatem ~ Donovan Hatem LLP
On-Demand MP3 MP4
[00:59:00] Successfully Managing Electronically Stored Information in Construction Disputes Alison A. Grounds ~ Troutman Sanders LLP
Jennifer W. Fletcher ~ Sutherland Asbill & Brennan LLP
On-Demand MP3 MP4
[01:01:54] JV's - Domestic and Global Perspectives A.J. Manion ~ Manion Stigger Attorneys and Counselors
Steven L. Wilner ~ Cleary Gottlieb Steen & Hamilton LLP
On-Demand MP3 MP4
[00:46:57] Challenges for US Design Professionals Working in the People's Republic of China Robyn Baker ~ RTKL Associates Inc.
On-Demand MP3 MP4
[01:13:51] Confronting the Lack of Uniformity in State Licensing Rules/Insurance Provisions Patrick J. O'Connor, Jr. ~ Faegre Baker Daniels LLP
On-Demand MP3 MP4
[01:00:27] Ethics in Arbitration and Mediation Stanley P. Sklar ~ Dispute Resolution Services
L. Tyrone Holt ~ The Holt Group LLC
On-Demand MP3 MP4
Construction is one of the largest sectors in the U.S. economy. After several lean years, construction activity is beginning to pick up. The need for major infrastructure development is apparent, but tight budgets require novel contracting approaches. The Great Recession has resulted in the failure of many construction firms. This has placed a renewed emphasis on appropriate risk allocation. These challenging times require innovation in project delivery which in turn highlights the importance of good contract negotiation and drafting practices.

This program will explore project specific insurance for design risks; contractor and designer licensing, including the licensure for design/build contracting; as well as approaches to mitigating licensing risk, with an emphasis on design work in China, since the region has provided opportunities through the Great Recession. We take a further look at the design side of the industry with a focus on the changing landscape of the designer’s standard of care. With the rising importance of sustainable design and the influence of new technologies such as building information modeling, the design professional’s standard of care has never been more in flux. This program will focus on these new developments and what they mean for design professionals including novel approaches to establishing the standard of care such as a numerical threshold approach. A number of litigation topics also will be addressed. Developing appropriate approaches to handling e-discovery disputes in arbitration is challenging for both parties and arbitrators.

Our panelists will examine the importance of early intervention and cooperation in devising e-discovery plans for arbitration. Important ethical issues will be explored in the form of ethical considerations in mediation and negotiation. After this course, you will be able to recognize important negotiation, contracting, dispute resolution risks, and develop appropriate strategies for successfully addressing them.

Lecture Topics 
[Total time 06:12:27]

Segments with an asterisk (*) are available only with the purchase of the entire program.

  • Opening Remarks and Introduction* [00:08:04]
  • Project Insurance, Risk Allocation and Delivery Methods; Standard of Care - The Threshold Approach [01:02:14]
    David J. Hatem, PC, David Mockbee
  • Successfully Managing Electronically Stored Information in Construction Disputes [00:59:00]
    Jennifer W. Fletcher, Alison A. Grounds
  • JV's - Domestic and Global Perspectives [01:01:54]
    A.J. Manion, Steven L. Wilner
  • Challenges for US Design Professionals Working in the People's Republic of China [00:46:57]
    Robyn Baker
  • Confronting the Lack of Uniformity in State Licensing Rules/Insurance Provisions [01:13:51]
    Patrick J. O'Connor, Jr.
  • Ethics in Arbitration and Mediation [01:00:27]
    L. Tyrone Holt, Stanley P. Sklar

The purchase price of this Web Program includes the following articles from the Course Handbook available online:

  • Project-Specific Professional Liability Insurance and Alternative Project Delivery Methods: Risk Allocation Considerations and Functional Alignment
    David J. Hatem, PC
  • The Measure of Malpractice - There is a Place for the Threshold Approach in Evaluating Design Errors and Omissions
    David Mockbee
  • Project-Specific Professional Liability Insurance and Alternative Project Delivery Methods: Risk Allocation Considerations and Functional Alignment (PowerPoint Slides)
    David J. Hatem, PC
  • The Measure of Malpractice - There is a Place for the Threshold Approach in Evaluating Design Errors and Omissions (PowerPoint Slides)
    David Mockbee
  • An Arbitrator’s Guide to Successfully Resolving the Top 5 eDiscovery Disputes (June 28, 2013)
    Alison A. Grounds
  • Electronic Discovery in Construction Disputes: The Good, the Bad and the Ugly
    Patrick J. O'Connor, Jr.
  • Joint Ventures: Domestic Perspectives
    A.J. Manion
  • Joint Ventures for Development Projects: Domestic and Global Perspectives (July 2013)
    Steven L. Wilner
  • Challenges for US Design Professionals Working in the People’s Republic of China (June 30, 2013)
    Robyn Baker
  • 2012 Insurance Law Update
    Patrick J. O'Connor, Jr.
  • How to Draft a Construction Contract Insurance Provision
    Patrick J. O'Connor, Jr.
  • Recent Developments in Indemnity Law
    Patrick J. O'Connor, Jr.
  • Ethics Issues in Mediation
    L. Tyrone Holt
  • American Bar Association/College of Commercial Arbitrators Annotations to the Code of Ethics for Arbitrators in Commercial Disputes
    Stanley P. Sklar
  • The American Review of International Arbitration (2011)
    Stanley P. Sklar
  • Model Rule for the Lawyer as Third-Party Neutral (November 2002)
    Stanley P. Sklar
  • Ethics for Legal Counsel and Neutrals and the ADR Process (PowerPoint Slides)
    Stanley P. Sklar
  • The College of Commercial Arbitrators, Protocols for Expeditious, Cost-Effective Commercial Arbitration: Key Action Steps for Business Users, Counsel, Arbitrators & Arbitration Provider Institutions
    Stanley P. Sklar
  • Recent Developments in Arbitration Law
    Patrick J. O'Connor, Jr.

Presentation Material

  • Project Insurance, Risk Allocation and Delivery Methods...PPT 1
    David J. Hatem, PC
  • Project Insurance, Risk Allocation and Delivery Methods...PPT 2
    David Mockbee
  • Successfully Managing Electronically Stored Information in Construction Disputes
    Jennifer W. Fletcher,Alison A. Grounds
  • JV's - Domestic and Global Perspectives
    A.J. Manion
  • Challenges for US Design Professionals Working in the People’s Republic of China
    Robyn Baker
  • Confronting the Lack of Uniformity in State Licensing Rules/Insurance Provisions
    Patrick J. O'Connor, Jr.
  • Confronting the Lack of Uniformity in State Licensing Rules/Insurance Provisions_B
    Patrick J. O'Connor, Jr.
  • Ethics in Arbitration and Mediation
    L. Tyrone Holt, Stanley P. Sklar
Co-Chair(s)
Robyn Baker ~ RTKL Associates Inc.
Patrick J. O'Connor, Jr. ~ Faegre Baker Daniels LLP
Speaker(s)
Jennifer W. Fletcher ~ Sutherland Asbill & Brennan LLP
Alison A. Grounds ~ Troutman Sanders LLP
David J. Hatem ~ Donovan Hatem LLP
L. Tyrone Holt ~ The Holt Group LLC
A.J. Manion ~ Manion Stigger Attorneys and Counselors
David Mockbee ~ Mockbee Hall & Drake, P.A.
Stanley P. Sklar ~ Dispute Resolution Services
Steven L. Wilner ~ Cleary Gottlieb Steen & Hamilton LLP

PLI makes every effort to accredit its On-Demand Web Programs and Segments.  Please check the Credit Information box to the right of each product description for credit information specific to your state.


On-Demand Web Programs and Segments
 are approved in:

Alabama1, Alaska, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois , Iowa2*, Kansas, Kentucky*, Louisiana, Maine*, Mississippi, Missouri3, Montana, Nebraska, Nevada, New Hampshire4, New Jersey, New Mexico5, New York6,  North Carolina7, North Dakota, Ohio8, Oklahoma9, Oregon*, Pennsylvania10, Rhode Island11, South Carolina, Tennessee12, Texas, Utah, Vermont, Virginia13, Washington, West Virginia, Wisconsin14 and Wyoming*.

Iowa, Mississippi, Oklahoma, and Wisconsin DO NOT approve Audio Only On-Demand Web Programs.


Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

*PLI will apply for credit upon request. Louisiana and New Hampshire: PLI will apply for credit upon request for audio-only on-demand web programs.


1Alabama: Approval of all web based programs is limited to a maximum of 6.0 credits.

 

2Iowa:  The approval is for one year from recorded date. Does not approve of Audio-only On-Demand Webcasts.

3Missouri:  On-demand web programs are restricted to six hours of self-study credit per year.  Self-study may not be used to satisfy the ethics requirements.  Self-study can not be used for carryover credit.

 

4New Hamphsire:  The approval is for three years from recorded date.

5New Mexico:  On-Demand web programs are restricted to 4.0 self-study credits per year. 


6New York:  Newly admitted attorneys may not take non-traditional course formats such as on-demand Web Programs or live Webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats. 

7North Carolina:  A maximum of 4 credits per reporting period may be earned by participating in on-demand web programs. 


8Ohio:  To confirm that the web program has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us.  Online programs are considered self-study.  Ohio attorneys have a 6 credit self-study limit per compliance period.  The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.

9Oklahoma:  Up to 6 credits may be earned each year through computer-based or technology-based legal education programs.


10Pennsylvania:  PA attorneys may only receive a maximum of four (4) hours of distance learning credit per compliance period. All distance learning programs must be a minimum of 1 full hour.
 

11Rhode Island:  Audio Only On-Demand Web Programs are not approved for credit.  On-Demand Web Programs must have an audio and video component.

12Tennessee:  The approval is for the calendar year in which the live program was presented.

13Virginia: All distance learning courses are to be done in an educational setting, free from distractions.

14Wisconsin: Ethics credit is not allowed.  The ethics portion of the program will be approved for general credit.  There is a 10 credit limit for on-demand web programs during every 2-year reporting period.  Does not approve of Audio-only On-Demand Webcasts.


Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.


If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.


Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, call Customer Service (800) 260-4PLI (4754) or e-mail info@pli.edu.

 
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Building Better Construction Contracts 2014 Jul. 9, 2014

Handbook  Course Handbook Archive

Building Better Construction Contracts 2014 Patrick J. O'Connor,
Timothy R. Twomey,
 
Building Better Construction Contracts 2013 Robyn Baker, RTKL Associates Inc.
Patrick J. O'Connor, Faegre Baker Daniels LLP
Robyn Baker, RTKL Associates Inc.
Patrick J. O'Connor, Jr., Faegre Baker Daniels LLP
A.J. Manion, Manion Stigger Attorneys and Counselors
Stanley P. Sklar, Dispute Resolution Services
Steven L. Wilner, Cleary Gottlieb Steen & Hamilton LLP
L. Tyrone Holt, The Holt Group LLC
Alison A. Grounds, Troutman Sanders LLP
David Mockbee, Mockbee Hall & Drake, P.A.
David J. Hatem, Donovan Hatem LLP
Jennifer W. Fletcher, Sutherland Asbill & Brennan LLP
 
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