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2025 Construction Law for Engineers and Architects – New!

Overview

This seminar offers a clear, concise introduction to construction law for professionals. The goal is a comprehensive review of the legal environment for Construction Law as it impacts practitioners, focusing on the legal concepts and issues applicable to the design and construction industries. Throughout the seminar, the concept of risk allocation, particularly on large, complex projects will be considered. The United States legal environment is used as the basis and point of departure for the seminar, but through discussion, interaction and examples, other relevant and applicable legal environments will be included. While the seminar addresses the role of the Design Professionals (Architects and Engineers), it also addresses the rights and responsibility of Owners and Contractors in their interactions during the design and construction of a project.  Practitioners, including lawyers who will be drafting contracts for their clients, and government officials who will be drafting and/or implementing contracts, will benefit greatly from this seminar.

Course Outline

Overview of Overview of contract law, including basic legal principles; Contract interpretation; Professional agreements versus construction contracts; Contract pricing and scope; Review of standard language including insurance requirements, indemnification, liquidated damages, third-party rights, suspension and termination
Discussion of dispute resolution, including arbitration versus litigation, jurisdiction, choice of law, and remedies
Introduction and discussion of other important role players, concepts and aspects, including:

Project participants; Project delivery systems; Construction contracts; The design process; Procurement; Pricing construction projects; Subcontractors and suppliers; Time for performance; Construction scheduling; Contract administration; The payment process; Changes to the work; Differing site conditions; Termination of the construction contract; Mechanic’s liens; Construction insurance; Surety bonds; Liability for defective construction; Calculations of damages

Risk Allocation

Course Advisor

Gail Kelley is a professional engineer as well as a practicing attorney. Her practice focuses on drafting and negotiation of construction contracts and design agreements for both public and private projects, with a specific focus on review and negotiation of design agreements and reviewing documents for insurability concerns. She also participates in the negotiation of settlement agreements. Ms. Kelley has over 30 years of experience in all aspect of design, construction and development. She has a B.S. in Civil Engineering from Cornell University, an M.S. in Construction Management from MIT, and a JD from Washington College of Law. She is the author of “Construction Law: An Introduction for Engineers, Architects and Contractors”.