Construction Law for Non-Legal Professionals

Essentials for Non-Legal Professionals

The legal aspects of the construction process influence everyone involved on a construction project. The course is designed to provide non-legal professionals with an overview of the body of knowledge known as "construction law". Construction law involves contract law, torts, statutory law, case law and legal precedents. The course examines some of the key legal principles involved in construction and how they impact the various parties involved on a construction project.

The course reviews and discusses some of the landmark cases that have influenced the practice of construction. In addition, it provides an update on recent rulings and legal trends that have impacted the business of construction.

Understanding the law helps eliminate many of the misconceptions that often lead to costly legal disputes. More importantly it provides a clear picture about the duties, responsibilities and obligations of each the parties involved. Thus enhancing their ability to negotiate and resolve differences without incurring expensive legal fees.

 

Course Topics Include:

  • Important principles of contract law
  • Design professional contracts
  • General conditions of construction law
  • Risk management and allocation in contracts
  • Enforceability of contractual provisions
  • Sub-contract flow up & flow down clauses
  • Owners, designers, contractors roles & responsibilities
  • Professional standard of care & liability issues
  • Duty of care and fiduciary responsibilities
  • Critical contract provisions
  • Public bidding rules & regulations
  • Bid bonds, payment bonds & performance bonds
  • Legal framework of public contracts
  • Implicit and express warranties
  • Construction claims duties & responsibilities
  • Construction law & scheduling issues
  • Delays, disruptions & suspensions of work
  • Liquidated damages & bonus clauses
  • Termination for convenience vs. termination for default
  • Construction patent & latent defects
  • Home office overhead application & calculation
  • Dispute prevention & resolution strategies