March 22, 2021
Bill Haydt will be presenting a 5-day virtual NHI Course with online training for the Federal Highway Administration, “Managing Highway Contract Claims: Analysis and Avoidance,” from April 19-23, 2021. The course provides the basic tools to address the management and avoidance of highway construction claims. Bill will present the evaluation of a highway contract claim by focusing on three claim components: entitlement, impact, and cost. Participants will learn claims avoidance techniques, as well as how to identify and review best practices associated with successful dispute resolution.
For more information, please click [here.]
February 24, 2021
Bill Haydt will be presenting a webinar for the Upper Great Plains Transportation Institute titled, “Identifying and Quantifying Contractor Inefficiencies,” on March 30, 2021. This webinar will focus on the measurement of inefficiency on construction projects. There always seem to be excuses for not being able to prove that a problem caused the contractor to be inefficient. Owners often rightly complain that contractors do not document the problem. Contractors often rightly complain that owner’s documentation expectation can be unreasonable. Both parties often refuse to acknowledge the legitimate concerns and limitations under which the other operates. Bill will explore these issues using case studies of real projects, showing how the difficulties associated with documenting and evaluating inefficiency, and how the problems illustrated by the case study can be avoided. Bill present several case studies on a variety of projects dealing with several issues associated with quantifying inefficiencies in construction.
For more information, please click [here].
February 17, 2021
Bill Haydt will be presenting a webinar for the Upper Great Plains Transportation Institute titled, “Determining the Costs Associated with Delay,” on March 9, 2021. Bill will discuss how owners, contractors, construction managers, and design consultants experience significant cost increases from delayed project completion. In some cases, these costs are straight forward, easily recognized, and easily calculated; however, these costs can sometimes be complicated to determine. The objective of this webinar is to give participants the tools they need to determine the true costs of delays for a construction project.
For more information, please click [here].
February 10, 2021
Scott Lowe will be presenting a webinar for the Upper Great Plains Transportation Institute titled, “Handling Differing Site Conditions,” on March 2, 2021. This presentation will focus on how you and your team can handle differing site condition issues. The presentation will focus on the federally mandated differing side conditions clause. Included in the webinar will be a discussion by Scott of what a differing site condition is, the difference between a Type 1 and Type 2 differing site condition, and the importance of notice to the fair and reasonable resolutions of differing site condition issues. Scott will go through real differing site condition issues to help you understand the subtleties of the differing site conditions clause language and its successful implementation.
For more information, please click [here.]
January 29, 2021
Scott Lowe and Mark Nagata will be speakers on a panel presentation at the 2021 ABA Virtual Midwinter Construction Law Conference on 2/3-4/2021. The presentation is titled “Construction Lawyer as Disaster Artist.” The panels of highly-qualified speakers in this program address varied project scenarios, such as bid errors, price escalation, scheduling impacts, false claims exposure, bankruptcy or bad project documentation that can be the source of a construction project disaster, and share their research, insights, and recommendations.
For more information, please click [here.]
January 27, 2021
Mark Nagata will be presenting a webinar for the Upper Great Plains Transportation Institute titled, “A Comprehensive Approach to the Analysis of CPM Schedules to Measure Delays on Construction Projects,” on February 23, 2021. Nearly every construction project experiences some sort of delay. The difficulty in evaluating delays on construction projects is determining whether the contractor is actually due a time extension for a particular delay. Mark will identify the key components of both construction contracts and critical path method schedules that are essential to determine a contractor’s entitlement to a time extension. Mark will also describe the different schedule analysis methods used in the industry and identify the preferred methods owners should use to evaluate delay.
For more information, please click [here].
January 13, 2021
Scott Lowe will be presenting a webinar for the Upper Great Plains Transportation Institute, titled “Avoiding Construction Contract Claims,” on February 9, 2021. The presentation will focus on concepts to empower your project team to eliminate, or at least mitigate or avoid, construction contract claims. It will also cover the issues that are most likely to result in claims. Scott will identify the tools available to the project team to successfully address these issues, and will provide real examples of successes and failures to illustrate key points, such as bad reasoning and practices that lead to claims. The focus of the webinar will be on the techniques that result in providing reasonable and supportable time extensions and fair compensation.
For more information, please click [here.]
January 13, 2021
Lorman Education Services published Scott Lowe’s article, entitled “How to Get Your Construction Team to Actually Use the Schedule,” on their website for the week of January 5, 2021. The article addresses how to get the whole team on board with construction schedules and actually use them.
Please click [here] to read the entire article on Lorman’s website.
November 17, 2020
Mark Nagata will be presenting a virtual webinar for the Upper Great Plains Transportation Institute, “Reviewing, Approving, and Getting Contractors to Submit Good Project Schedules,” on December 2, 2020. Mark will discuss the importance of project schedules, the importance of timely and reasonable schedule updates, and the resolution of delays in order to avoid claims and litigation. Attendees will learn 10 helpful actions to achieve successful contractor’s project schedules. Mark will provide the perspective of both the contractor, who is typically responsible for developing and updating the schedule, and the owner, who is typically responsible for reviewing and accepting the project schedules, and evaluating requests for additional time.
For more information, please click [here.]
November 10, 2020
On November 24, 2020, Mark Nagata will present “Project Delivery Systems – What’s Best for You?” This 90-minute webinar focuses on exploring delivery options and project characteristics aligned with various delivery methods, setting project goals, allocating risks, and selecting the optimal delivery system to achieve project goals. Participants will learn to review the project delivery system, discuss project goals, describe allocation of risks, and explain keys to project delivery success.
For more information, please click [here].