Change orders are an integral part of every construction project, and when they are negotiated, drafted and executed as planned, they present no troubling legal problems. On the other hand, projects are completed with contract administration rules that address change order procedures ranging from substantial compliance at best to reckless indifference at worst. Yet even when changes in work are accomplished with little attention to formal change order procedures, there may be some lingering intuition that the contractor or subcontractor performing changed work should be permitted to compensation as a matter of fair play and equity. Of course, what constitutes “equity” depends on whose money is at stake in the battle over these “noncomplying change orders.”

In this informative 90-minute recorded program, Stephen A. Hess presents an overview of the rights and responsibilities of the parties with respect to noncomplying change orders -- changes in work that are accomplished without detailed attention to contractual procedures. Listen to  this program to:

• Understand standard change order mechanisms utilized by construction agreements
• Learn contract principles regarding the structure of change orders
• Discover when strict compliance with change order procedures may be excused
• Figure out how different courts vary in their treatment of noncomplying change orders
• Realize what prejudice is and how it's proved
• Find out how “prejudice” might be demonstrated as a defense to noncomplying change orders
• Identify specific protection parties can utilize against noncomplying change orders
• Apply contract administration techniques that enhance the enforceability of change order procedures
• And much, much more!

This involvement in the contracting process comes in the form of "implied obligations" under which specific duties will be read into contracts, or in the form of prohibitions on particular types of clauses, which courts will refuse to enforce even if they are included through arms-length negotiations. It comes as quite a surprise to many professionals that answers to questions about their rights and remedies on even the most basic matters may be outside the "four corners" of their agreement — especially when they discover this nuance only after a dispute arises.

As attentive as many professionals are to their written contracts, even a modestly sophisticated understanding requires attention to "implied" obligations and prohibitions. In this informative 90-minute recorded webinar, Stephen A. Hess presents an overview of implied obligations and judicial and legislative prohibitions related to construction contracts.

Listen in on this program to:

• Learn why courts strike contract clauses as being "against public policy"
• Understand how courts use implied obligations or prohibitions to protect against abuses in the contracting process
• Become familiar with the legislature's role in defining permissible and impermissible contract requirements
• Review key implied obligations including the Spearin doctrine, implied warranties, the duty of good faith and fair dealing, the implied obligation of noninterference, and others
• Discover key prohibitions on contract clauses including bars or limitations on indemnification clauses, pay-if-paid clauses, contractual penalties and liquidated damages, and others
• And much, much more!

Both these programs are presented by our knowledgeable construction expert:

Stephen A. Hess has been identified as a Best Lawyer in America in “Construction Law” and in “Litigation – Construction” through his practice with Sherman & Howard, LLC in Colorado. In addition to serving clients on matters around the country, Mr. Hess is an active author, scholar, and speaker. He is the former editor of the American Bar Association’s law review The Construction Lawyer and has served as Editor of Construction Briefings, a national construction law review. In addition, he has edited national construction law treatises. Mr. Hess has written numerous law review articles on topics covering the breadth of construction law and litigation, has spoken nationally at construction law programs, has written several treatises on litigation-related issues, and is an Adjunct Professor at Sturm College of Law (University of Denver), where he created the school’s Construction Law Seminar. He is a member of the American Arbitration Association’s National Roster of Construction Arbitrators.

These recorded webinar training sessions are a must if you’re a public or private owner, construction manager, contractor, subcontractor, scheduler, consultant, architect or engineer involved in the development, preparation, submission, review, negotiation and management of construction contracts.  Order today!

Gather your team for maximum benefit! Your investment is one time; there is no limit to the number of participants at your location or how often you want to watch the sessions. Don't miss out on this must-have information.