Procept courses accredited by the CCA for Gold Seal certification credits

Construction Law

Construction Law

The law seems confusing and dealing with lawyers on legal issues seems even more so. This course is not designed to turn participants into lawyers but to try to help them avoid getting dragged into a legal dispute, alert participants to some of the legal issues they face on the job site, know when to involve a lawyer, and allow the participant to be best positioned in the event of a legal dispute.

Participants spend time understanding the various components of an enforceable contract, discussing case studies, encountering legal issues that may arise which could bring an apparent contract to an end, and also spend time becoming more familiar with contracts that are used in the industry. Examining contracts may seem less than exciting, but participants have often remarked that this may be the most valuable part of the seminar.

Learning Objectives

Participants will gain practical skills to:

  • Understand their legal contractual rights and responsibilities
  • Increase the likelihood that those rights can be enforced
  • Better understand contracts that they may be entering into
  • Reduce the likelihood that they will become involved in a lawsuit and increasing the chances of success if they are

 

Who Should Attend

The Construction Law course is suitable for individuals who are project managers in an engineering construction environment and are required to hire contractors for their projects.

Prerequisites

Although not a requirement, Introduction to Project Management is highly recommended.

Materials

You will receive a course binder containing copies of presentation slides, case studies, exercises, and suggested solutions.

What You Will Learn

Contracts

  • An Introduction
  • What is a Contract?
  • The Six Necessities:
    • Offer
    • Acceptance/Tendering
    • Consideration
    • Capacity
    • Legality
    • Intent
  • The Four Negators:
    • Misrepresentation
    • Mistake
    • Undue Influence
    • Duress
  • Why Write a Contract? The Statute of Frauds.
  • Interpreting Contracts
  • Parties to the Contract - Privity
  • Breach of Contract
  • Remedies for Breach of Contract:
    • Damages
    • Equitable Remedies
    • Enforcing Judgment

A Typical Construction Contract

  • Standard Terms
  • Particulars of the Specific contract:
    • Price
    • Dates
    • Services
    • Terms and Conditions
    • Special Considerations
  • Changes to Subcontract

 

Construction Liens
  • What is a Construction Lien and When Does It Arise?
  • To Lien or Not to Lien