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Change Orders and Implied Obligations - 2021 Special: 2-Part Series with Free Subscription

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 June Special - 2 On-Demand Webinars +  
  a FREE Construction Claims Advisor Subscription  
Change Orders: The Bane of All Construction Projects
Construction Contracts: Implied Obligations &
Impermissible Clauses
Presented by:
Stephen A. Hess, Esq., Sherman & Howard, LLC

Changes and disputes on construction projects are inevitable.  Many are due to owner-directed changes or change conditions encountered on a project.  Others are due to obligations created by contract clauses.  These two exclusive recorded webinars, presented by construction attorney Stephen Hess, provide in-depth coverage of these subjects to help you tackle disputes that may arise. Have your whole team involved so they can anticipate possible issues and be prepared to properly recover extra costs and time when due.  Owners, designers and the contract administration team can better prepare construction documents to avoid these situations, and when they do arise, will be more effective in resolving issues accordingly.


Take advantage of this special offer for these two very popular programs, which regularly sell for $199 each. Save $100 AND get a free 1-year subscription to Construction Claims Advisor -- a $329 value! Expires soon. 

Both programs for one low price PLUS
Construction Claims Advisor newsletter!


Labor Day Special - includes a FREE 1-year subscription to the Construction Claims Advisor newsletter and resource library PLUS more than 50 on-demand webinars covering issues from procurement, BIM, project management, commissioning, schedule training, project delays and more -- a $329 value! (See below for details.*)

Change Orders:
The Bane of All Construction Projects

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!


Construction Contracts: Implied Obligations & Impermissible Clauses
Construction contracts contain many obligations, duties, warranties or other covenants, usually clearly stated in the contract documents.  However, parties to the contract each have certain obligations to each other that are not expressed in the documents but are important in the performance of the project.

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.

Who Will Benefit?

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.

PDUs/PDHs - Education Credits
Certificates of completion are available upon request for use in obtaining education credits.  

* A subscription to the biweekly Construction Claims Advisor newsletter includes access to more than 50 on-demand webinars on a multitude of topics, white papers, surveys and much more.  Samples of some of the available webinars:
  • Procurement: Architectural Copyrights, Alternative Project Delivery Systems, Role of Soils: From Site Investigation to Claims, and AIA vs ConsensusDOCs.
  • Project Management: Drones in Construction, Lean Techniques, Productivity Improvement, Construction Project Management, Dealing with Schedule Approval Issues, and Total Quality Management.
  • Building Information Modeling (BIM): Contractor Case Studies, Working with Standard BIM Contract Documents, and BIM Strategies.
  • Construction Claims: Dealing with Scope Creep, Checklist of Sound Legal Advice to Avoiding Disputes & Lawsuits, Trends in Construction Claims and Disputes, 20 Common Mistakes that Construction Owners & Contractors Make that Cause Claims and Disputes, and Successfully Avoiding Claims (Specifications and Construction Management Practices).
  • Schedule Training: Scheduling Best Practices: Scheduling as a Management Tool, Scheduling Tips and Tricks, and Weather Planning on Construction Projects: Addressing Delays and Time Extensions.
  • LEED, Commissioning & Sustainability: Emerging Risks in Green Design and Construction, Commissioning Best Practices for Existing Buildings, Indoor Air Quality Testing, Improving Energy Efficiency for Existing Buildings, Green Construction Contracts, Retro Commissioning, and Economics of Green Building.
  • And much, much more.

 To order by phone, call 301-765-9525.
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