What You Don't Know Can Hurt You: Implied Obligations in Construction Contracts
Presented by Scott Cahalan, Smith, Gambrell & Russell, LLP
Recorded Thursday, May 22, 2025
Few would challenge the wisdom of Ben Franklin's aphorism that “When a friend deals with a friend, let the bargain be clear and well penn'd, that they may continue friends to the end.” Blind reliance upon the written words in a construction contract can be equally imprudent, however, as the courts in the United States recognized implied contract obligations for more than a century as a way to supplement and clarify the intent of the contracting parties expressed through the written words of a construction contract. Recognizing, appreciating and understanding the applicability of implied contract obligations will lead to better decisions throughout the life of a construction project.
This recorded webinar will provide those who draft, negotiate, manage and administer construction contracts -whether all the time or once in a blue moon--with the knowledge to effectively deal with implied contract obligations both in the contract itself, and as claims and disputes arise on a construction project. This information is critical to those who need to know and understand their rights and obligations under construction contracts.
Learning Objectives
At the end of this program, participants will be able to:
- Appreciate why courts imply contract obligations
- Identify the more commonly recognized imply contract obligations
- Understand the relationship between implied contract obligations and express contract obligations
- Recognize how implied contract obligations relate to disputes and claims
- Modify construction contracts to better address implied contract obligations
Agenda
- Introduction
- Overview
- Origins of implied contract obligations
- Common law
- Statutory law
- Fundamental elements of implied contract obligations
- Origins of implied contract obligations
- Commonly recognized implied contract obligations
- Good faith and fair dealing
- Information
- Access
- Performance
- Warranty
- Modifying implied contract obligations
- Avoidance clauses
- Best practices
- Conclusion
About the Speaker:
Scott Cahalan is a partner in the construction law and litigation section of Smith, Gambrell and Russell, LLP, an American Lawyer 200 firm. Mr. Cahalan has substantial experience representing owners, developers, contractors and others in all aspects of the construction industry from drafting and negotiating prime contractors, subcontracts and purchase orders to mediating, arbitrating and litigating construction disputes.. His practice primarily consists of drafting and negotiating construction contracts, providing advice during the construction process and dispute resolution.
Mr. Cahalan holds a B.S. in construction engineering from Iowa State University and a J.D. with honors from University of Georgia.
Since 2010, Mr. Cahalan has been an instructor at the Georgia Institute of Technology where he teaches design and construction law, and real estate development law to graduate students. He is a frequent author and lecturer on construction law.
Who Will Benefit?
This webinar is a must for:
- Owners and owner representatives managing capital improvement projects.
- Contractor executives, project managers, project sponsors and project controls personnel.
- Construction managers and design professionals performing services during construction.
- Attorneys representing owners, contractors, construction managers & design professionals performing services during construction
Continuing Education
Certificates of completion are available upon request for use in obtaining education credits. Earn 1.5 PDUs/CEUs.
Registering multiple people from your organization? If so, we are happy to extend a 20% discount after your first registration. Please see instructions for registering multiple people in the registration confirmation email you receive after your first registration. If you encounter any issues, feel free to contact us at (301)983-0443
