Nuts and Bolts of Construction Law
Joint CLE and Happy Hour
Thursday, September 12, 2019
3:00 p.m. - 6:00 p.m.
3:00 - 4:30- CLE
4:30 - 5:00- Breakout Sessions
5:00 - 6:00- Reception
Colorado Bar Association
1290 Broadway, Suite 1700
Denver, CO 80203
Cost:
FREE
In-person attendance ONLY
Panel Speakers:
Daniel A. Gregory-
“Litigation Hints: Key Personnel and Documents”
A discussion of key personnel and documents that the practitioner will want to know in preparing to handle a construction case. The discussion will identify core documents to review, e.g. job logs, pay applications, inspection reports, etc., the role that key personnel play on a typical project and how this knowledge can be utilized in preparing to best represent the client.
Mary Kay Monville-
"Key Contract Clauses, Industry Standard Documents, and Interaction of Contract Terms With State Statutes”
Whether you are a transnational attorney or a litigator, it is important to know the various industry standard documents, the pivotal terms in those contracts as industry norms, and various state statutes that regulate the use of those terms. This discussion will give an introduction to the various standard agreements, including AIA, EJCDC, ConsensusDocs and DBIA agreements and the common terms in those documents that are most often the key to allocation of risk between the parties including indemnity, waiver of consequential damages, warranty, site investigation, reliance, etc. The discussion will also raise restrictions on use of certain clauses in both public and private contracts.
Kate McDonald-
“Indemnification: Key Factors to Consider”
As a construction attorney, it is important to understand the limitations of indemnification within Colorado under the Pro-Rata Liability Statute, C.R.S. § 13-21-111.5. This discussion will highlight some of the key factors to consider before asserting a claim for indemnification or defending against such a claim. Specifically, we will discuss the three forms of indemnity agreements, including which ones are enforceable in Colorado, as well as 1st party versus 3rd party provisions. Lastly, given that indemnity agreements provide “assurance” not “insurance,” we will discuss how indemnity provisions are often intertwined with additional insured provisions.
Breakout Sessions:
Ryan Williams-
“Introduction to Colorado Construction Defect Law”
The term “construction defect” typically refers to an alleged failure to properly design or build a structure. Ryan Williams will address the most commonly litigated causes of construction defect cases in Colorado, procedural requirements for bringing a claim, the anatomy of a defect lawsuit, and the typical path to resolution. Ryan will also focus on strategies practitioners may employ to assist contractor clients in avoiding claims.
Dan Wennogle-
“Mechanic's Liens 101”
Dan Wennogle will cover the basics of mechanic’s lien law, including: the essential steps to take when counseling a client on preparing and recording a lien statement, the basic requirements for filing a lien foreclosure action, and the consequences for excessive liens and for failure to comply with statutory requirements. He will also cover ways in which a lien claim can be avoided or bonded over, and will discuss strategic considerations lien claimants should consider before filing a lien foreclosure action.
Brian Molzahn-
“Architect and Engineer Overview”
This program will address the role of design professionals in the construction process and what makes them different from contractors and subcontractors. The program will include a discussion of the risks unique to design professionals.
Submitted for 3 General CLE credits
RSVP
Call 303-860-1115 x727 or email lunches@cobar.org.