Category Archives: Construction Defect

What CLE Courses Do YOU Want To See??

We get extremely busy around the end of the year and through January.  This is due to the fact that a number of states have December 31 deadlines and California has a January 31 deadline.  Once we get through our super busy period, then we switch gears and start calendaring more CLE tapings for the new year.
Well, it’s that time of the year again!  We will soon be cranking up the taping schedule and bringing you all kinds of new CLE courses for 2018.  My question to you… what CLE courses do you like to study OR what courses would you like added in 2018?  Let us know so we can bring you what YOU want to see!!

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CLE Course: Construction Defect Litigation from the Plaintiff Perspective

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This CLE course presents a series of case studies in successful planning, analysis and execution of expert work on behalf of plaintiff real property owners. Construction defect litigation can be expensive, confusing and long process… but it doesn’t have to be.

Through this CLE presentation, Pete Fowler Construction Services (PFCS) will break down the process from the expert witness point of view and provide approaches and alternatives that add value to property owners involved in construction defect litigation.

This program will walk you through the process, standards and reasoning for inspection, analysis, testing, reporting, specifying repairs and estimating costs of the repair work. The main topics discussed by experts Pete Fowler & Paul Viau include the beginning of the process, inspection & evaluation, analysis & estimate, testing and reports & possible further work. To access the course, please click here: Construction Defect Litigation from the Plaintiff Perspective.

Attorneys that take this course will learn about:

  • Building performance analysis standards
  • The various strategies for approaching construction defect cases from the plaintiff’s perspective
  • The beginning-to-end process for handling construction defect litigation
  • Real-life case studies applying various approaches to construction defect litigation matters
  • Examples of good work

Pete Fowler is the founder of a construction consultancy serving the Western U.S from California, Oregon and Colorado offices. Pete has experience with successful expert witness testimony, including Federal Court. In addition to a B.S. in Construction Management, Pete is a general contractor, professional cost estimator, has published articles in national magazines and has been invited to speak by the most important groups in the construction industry. Paul Viau specializes in the utilization of advanced alternative dispute resolution (ADR) programs to achieve timely and cost effective resolution of complex construction claims. Paul’s industry experience includes project management, construction management, construction consulting, forensic investigations, multi-family projects and commercial & industrial facilities.

This CLE course is currently offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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CLE Course on Effective Negotiation Strategies

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Well over 90% of civil and criminal cases never make it to a courtroom, as the great majority of cases nowadays either end in plea bargain or settlement. What does that mean for you? It means that in today’s legal world of backed up dockets and clogged courts, solid negotiation skills are almost as important as solid trial skills.

“In business as in life, you don’t get what you deserve you get what you negotiate.” – Chester L. Karass[1]

Whether you are a second year associate or a highly experienced criminal attorney, in this CLE course you will learn key skills and strategies to becoming a more effective negotiator. Attorney and mediator Douglas Barker mainly discusses the importance of preparation, the negotiation process and key goals of negotiation.  To access the course please click here: Effective Negotiation Strategies.

Further issues addressed in this CLE course include:

  • The fundamentals of communication
  • Evaluating potential forms of value
  • Presenting less tangible considerations
  • The target & walk away result
  • Knowing the other side
  • Demeanor & perspective
  • Dealing with emotions
  • Being an active listener
  • Pace
  • Opening proposals
  • Negotiating to your target

The information, skills and techniques presented by Mr. Barker in this CLE course can be deployed by both criminal & civil law attorneys, in addition to mediators & arbitrators and many other legal professionals. A lawyer since 1980, Doug Barker was a litigator and partner at Gray Cary Ware & Freidenrich (now DLA Piper) for the first 14 years of his legal career. From 1984 through the late 1990s, Mr. Barker worked in ADR as a court-appointed arbitrator and arbitrated hundreds of cases He has trained as a mediator at NCRC (National Conflict Resolution Center), Pepperdine University, and through the American Bar Association (ABA). Mr. Barker has been a mediator since 1999 and is a frequently published writer and seminar speaker on the subject of mediation. He has mediated over 2,000 cases involving a wide array of civil litigation matters with a strong emphasis on personal injury, employment, real estate, construction defect, homeowners’ association and commercial contract disputes.

This CLE course is currently offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

[1] Title of book written by Chester L. Karrass

http://www.amazon.com/Business-Life-Dont-Deserve-Negotiate/dp/0965227499

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The Payment Process on a Construction Project

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In this new CLE course Florida construction law attorney Charles Jimerson provides an overview of the payment process on a construction project.  The main topics discussed by Mr. Jimerson include the flow of money in a construction project, the payment process, conditions precedent to payment for contractors & subcontractors, “pay-when-paid” clauses and how retainage clauses are utilized in a construction project.

“There must be a ‘cash-flow’ in the building trade. It is the very lifeblood of the enterprise.” – Lord Denning

Mr. Jimerson also addresses a number of questions including the main risks for owners, general contractors and sub contractors, what happens if items are left out of the application for payment, fraud in the application for payment and the issuance of the certification of payment.  To access this course please click the following link: The Payment Process on a Construction Project.

Further topics that Mr. Jimerson addresses include:

  • The document flow in a construction project
  • Key documents
  • Subcontractor “cash flow”
  • Applications for payment
  • AIA form G702
  • The architect’s certification for payment
  • The final affidavit
  • Contractor/subcontractor releases
  • Common contract clauses
  • Lien law
  • Time of payment
  • How retainage provisions work within agreements

Charles B. Jimerson founded Jimerson & Cobb and continues to lead its preeminent business litigation practice. Mr. Jimerson represents various corporations, entrepreneurs, financial institutions, and small and mid-size businesses in business litigation matters ranging from commercial collections, contract disputes and business torts to real estate, construction, bankruptcy and foreclosure proceedings. Focusing his practice on commercial litigation, bankruptcy law, creditor’s rights and collections and construction law, Mr. Jimerson has experience in all stages of litigation, including alternative dispute resolution, negotiation of settlement and litigation of multifaceted commercial matters up through and including trial. Prior to founding the firm, Mr. Jimerson practiced at prominent Jacksonville based commercial litigation and construction litigation boutiques.

This CLE course on the payment process on a construction project is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in California and around the country.   For more information about CLE in California please click the following link: CA MCLE.

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New CLE Course: Construction Contracts

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What you don’t know can hurt you – especially when it comes to construction contracts.  When you are representing clients involved in construction projects – whether it’s the owner, general contractor or subcontractor – it is extremely important to know the fundamental provisions that must be included in the construction contract and the practical effects that these provisions will have on your client’s liability due to their involvement in the project.

Many different documents are often incorporated into contracts and create large potential for conflict.

This new CLE course presented by Florida construction law attorney Charles Jimerson will provide you with the insight and practical considerations you need to address and overcome some of the more common issues encountered on when embarking on construction projects.  Mr. Jimerson mainly discusses AIA forms of documents, project delivery methods such as design-bid-build & design-build, fundamental contract provisions and how these provisions impact the construction project and liability.  To access this new CLE courses please click here: Construction Contracts.

The contract provisions addressed in the course include:

  • The scope of work
  • Interpretation of contract documents/order of precedence
  • Flow down provisions
  • Payment
  • Change orders
  • Liquidated damages
  • Damages for delay
  • Indemnification
  • Additionally named insureds
  • Notice
  • Termination
  • Dispute resolution
  • Attorneys’ fees provisions

Charles B. Jimerson founded Jimerson & Cobb and continues to lead its preeminent business litigation practice. Mr. Jimerson represents various corporations, entrepreneurs, financial institutions, and small and mid-size businesses in business litigation matters ranging from commercial collections, contract disputes and business torts to real estate, construction, bankruptcy and foreclosure proceedings. Focusing his practice on commercial litigation, bankruptcy law, creditor’s rights and collections and construction law, Mr. Jimerson has experience in all stages of litigation, including alternative dispute resolution, negotiation of settlement and litigation of multifaceted commercial matters up through and including trial.

This CLE course on construction contracts is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in New York and around the country.  For more information about CLE in New York please click the following link: NY CLE.

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Construction Defect: Expert Witness

Learn from the experts themselves! In Construction Defect: Expert Witness Pete Fowler and Paul Kushner of Pete Fowler Construction Services provide an informative and entertaining look at how to best deploy your expert witness in construction defect litigation.

Knowing and understanding the expert in a construction defect case, making the right tactical decisions, and taking the time to prepare will pay off in a successful verdict or settlement. Many attorneys make simple mistakes that can easily be avoided. In order to succeed at trial, it is crucial for the attorney to prepare and communicate with the expert as much as possible. If the first time that you have a substantive conversation with the expert is 45 minutes before trial you might be in trouble.

Areas covered include expert witness preparation, designation, planning, presentation, performance and pitfalls to avoid at trial. This is a very colorful presentation that you won’t want to miss, and you that may want to consider taking even if you are not in construction defect. Mr. Fowler and Mr. Kushner illustrate many areas that could be useful to any litigator that works with expert witnesses.

Pete Fowler is active as a General Contractor, Certified Professional Cost Estimator, Certified Inspector, Construction Consultant, author and speaker regarding construction topics. Focusing on construction projects and buildings suffering distress, Mr. Fowler has analyzed damage, performed testing, specified and overseen repairs, performed repairs as a contractor and testified on a wide variety of construction issues.

Paul V. Kushner is a California licensed architect with 20 years experience in the design and development of residential construction projects. Mr. Kushner has an extensive background in coordinating and leading multi-disciplined complex construction litigation for both plaintiffs and defendants including planning and directing of invasive testing programs, analysis of collected interdisciplinary inspection data, preparation of scopes of work, coordinating cost estimates, and providing expert testimony and exhibits for mediations and arbitrations. He has provided architectural services for post litigation reconstruction projects. Mr. Kushner is a current member of the American Institute of Architects (AIA), the Construction Specifications Institute (CSI), and the International Conference of Building Officials (ICBO).

Construction Defect: Mold Management: What Have We Learned

If your practice concentrates on construction defect law or other areas of real estate law, we have just added a great new course that explores the dangers that are caused by mold. In Mold Management: What Have We Learned? Pete Fowler cuts through the complexity and media hype to focus on the real issues surrounding mold, in order to provide reliable sources of information for its management, and to introduce a framework for the professional handling of situations where mold might be present in occupied buildings.

While the damages caused by mold may not be the hot button topic that it was a few years ago, it still remains a viable portion of many attorney’s practice. In fact, one small firm that I know is handling between 65-70 mold claims as I am writing this. These claims do have merit, and depending on what state you practice in there may be significant liability. In the course, Mr. Fowler starts by describing the state of the legal landscape, details professional standards and practices, illustrates the dangers of mold, and finishes by thoroughly detailing the mold management method – a comprehensive six phase process for properly handling mold claims.

As President of Pete Fowler Construction Services, Pete Fowler is active as a General Contractor, Certified Professional Cost Estimator, Certified Inspector, Construction Consultant, author and speaker regarding construction topics. Focusing on construction projects and buildings suffering distress, Mr. Fowler has analyzed damage, performed testing, specified and overseen repairs, performed repairs as a contractor and testified on a wide variety of construction issues.