CONSTRUCTION SEMINARS

MASTER INDEX

BY TOPIC

[To locate certain terms or years, hold down the “Ctrl” key and hit “F” to get the Find and Replace function. Enter a search term into the “Find:” box and hit “Find Next.” The search term will be highlighted wherever it appears. Repeat hitting “Find Next” to locate more of the search term.]

Entries appear as follows:

TOPIC

Title (alphabetical order): Seminar Number: Year

*TABLE OF TOPICS*

Administration

Advocacy

Agreements

AIA/AGC

Alternate Dispute Resolution

Americans With Disabilities Act

Arbitration

Architect

Assignment

Attorney (See also Lawyer)

Bankruptcy

Bids

Board of Contract Appeals

Bonds

Boring Logs

Builder

Building

Cases

Causes of Action

Claims

Clauses

Collection

Commercial

Computer/Internet/Technology

Condominium

Conflict

Contractor

Critical Path

Damages

Default

Defenses

Delay

Depositions

Design/Build

Differing Site Conditions

Discipline/Disciplinary

Discovery

Dispute Review Boards

Disputes

Drawings/Specifications

Economic Loss

EIFS

Employment

Engineer

Environment(al)

Ethics/Professional Conduct

Evidence

Exhibits

Expert Witness

Fair Debt Collection Practices Act

Federal

Forms

Forum

General Contractor

Geotechnical Baseline Reports

Government Contract

Highway

Indoor Air Pollution

Insolvency

Insurance

Joint Defense Agreements

Joint Venture Agreements

Labor

Lawyer (See also Attorney)

Lender

Liability

Licensing

Liquidated/Liquidating

Litigation

Local Government

Management

Marketing

Mechanic’s Liens

Mediation

Miller Act

Miscellaneous

Negotiation

Notice

Occupational Safety and Health

Owner

Pass-Through

Payment

Procurement

Products

Project

Protests

Public

Recent Developments/Updates

Remedies

Residential

Risk

Schedule/Scheduling

Settlement

Subcontract

Subcontractor

Supplier

Surety/Suretyship

Teaming Agreements

Termination

Third Parties

VDOT (Virginia Department of Transportation)

Virginia

Virginia Public Procurement Act

Virginia State Bar

Warranty

*INDEX*

ADMINISTRATION

Contract Administration From the Owner’s Perspective: 7: 1986

The Architect’s Contract Administration Duties Under Virginia Law: 20: 1999

ADVOCACY

A Judge’s View on Effective Advocacy in Construction Cases: 17: 1996

Effective Advocacy in Construction Alternative Dispute Resolution: 18: 1997

Pitbulls Need Not Apply: Effective Advocacy In ADR: 18: 1997

How to Try a $100,000 Case for Less Than $100,000: 25: 2004

Jury Selection in Construction Cases: Using Pretrial Research and In-Court Techniques to be More Effective: 25: 2004

Advocacy in Mediation: 26: 2005

AGREEMENTS

Bay Point Condominium Association v. RML Corporation: A Primer on the Use of Assignment/Liquidating Agreements in the Settlement of Construction Disputes: 24: 2003

Drawing Strength From Alliances: Joint Defense Agreements As a Tool of Effective Litigating: 22: 2001

Pass-Through Claims and Liquidating Agreements Partnering: Potential Pitfalls: 19: 1998

Teaming Agreements and Joint Venture Agreements: Drafting Issues in Light of Virginia Decisions: 24: 2003

AIA/AGC

Big, New and Unsinkable? Changes in the AIA and AGC Documents, A Contractor’s Viewpoint: 19: 1998

Contract Forms Other Than the Common AIA or AGC Versions: 20: 1999

Representing the Owner, AIA Document B141-1997, AIA Document A201-1997: 19: 1998

Subcontractor Comments on AGC Subcontract Forms: 19: 1998

The Ten Most Significant New Provisions of 1997 A-201: 19:1998

1997 Revisions to the AIA Document A401 Subcontract: 19: 1998

ALTERNATIVE DISPUTE RESOLUTION

Alternative Dispute Resolution: Negotiation, Mini-Trials and Mediation: 6: 1985

Alternative Dispute Resolution Techniques–What’s Happening in the Real World: 11: 1990

Effective Advocacy in Construction Alternative Dispute Resolution: 18: 1997

Mediation Fundamentals For Construction Attorneys: 21: 2000

Pitbulls Need Not Apply: Effective Advocacy In ADR: 18: 1997

Strategies of Alternative Dispute Resolution: 14: 1993

The Role of the Lawyer in Alternative Dispute Resolution: 14: 1993

Creative Alternatives to Traditional AAA Construction Arbitration: 27: 2006

AMERICANS WITH DISABILITIES ACT

Americans With Disabilities Act Title I: Employment: 13: 1992

Americans With Disabilities Act Title III: Public Accommodations and Commercial Facilities: 13: 1992

ARBITRATION

Arbitration and Award–Special Problems: 1: 1980

Introduction of Arbitration to the Virginia Lawyer: 1: 1980

Labor Arbitration: 1: 1980

The Arbitration of a Construction or Commercial Dispute: 1: 1980

Winning Strategies in Negotiating, Arbitrating and Litigating Construction Disputes: 11: 1990

ARCHITECT

Architect/Engineer’s Perspective: 12: 1991

Defending A/E Claims in Litigation: 19: 1998

The Architect’s Contract Administration Duties Under Virginia Law: 20: 1999

The Owner’s Contract With the Architect/Engineer: 7: 1986

When the Contractor is Defaulting or Becoming Insolvent: What to Do From the Architect/Engineer’s Perspective: 12: 1991

ASSIGNMENT

Bay Point Condominium Association v. RML Corporation: A Primer on the Use of Assignment/Liquidating Agreements in the Settlement of Construction Disputes: 24: 2003

ATTORNEY (SEE ALSO LAWYER)

Mediation Fundamentals For Construction Attorneys: 21: 2000

Mediation Fundamentals For Construction Attorneys: 21: 2000

BANKRUPTCY

Bankruptcy Issues: 23: 2002

The Troubled Project When the Contractor is Defaulting, Becoming Insolvent or Files for Bankruptcy–The Contractor’s Perspective!: 12: 1991

What Every Construction Player or His Lawyer Should Know About Bankruptcy: 12: 1991

BIDS

Bid Protests in Virginia–An Overview: 17: 1996

Federal Government Contract Bid Protests: 17: 1996

Holding Subs and Generals to Their Bids: 19: 1998

Protests Involving Competitive Sealed Bid Procurements: 17: 1996

BOARD OF CONTRACT APPEALS

Maximizing Success Before the Boards of Contract Appeals; Resolving Mid-Project Disputes; Lifetime Lessons in Dealing with Federal Contracts: 15: 1994

BONDS

Collecting on Surety Bonds: 8: 1987

Payment Bonds, or Sub vs. Prime and The Bonding Company: 9: 1988

Recent Developments in Mechanics’ Liens and Bonds: 6: 1985

Sureties and Bonds: 17: 1996

Surety Bonds and Alternatives: 7: 1986

What, No Payment Bond? Is The Miller Act Protection Illusory: 23: 2002

A Practical Guide to Bonding Off a Mechanic’s Lien: 25: 2004

Payment and Performance Bond Claims on Public Projects in Virginia: 25: 2004

BORING LOGS

Boring Logs and Geotechnical Baseline Reports: 24: 2003

BUILDER

Special Builder’s Risk Issues: 21: 2000

BUILDING

Indoor Air Pollution–Are Buildings Really “Sick”?: 13: 1992

The New International Building Code and Its Application in Virginia: 21: 2000

CASES

Bay Point Condominium Association v. RML Corporation: A Primer on the Use of Assignment/Liquidating Agreements in the Settlement of Construction Disputes: 24: 2003

Construction Cases: A View From the Bench: 15: 1994

Construction Cases - A View From the Bench: 16: 1995

Discovery and Document Control in Major Construction Cases: 11: 1990

Examining Experts After Daubert, Kumho Tire, and The New Amended Federal Rules of Evidence: 22: 2001

The Status of Federal DBE Programs After Adarand: 16: 1995

Trying the “Big” Construction Case: Practical Considerations: 10: 1989

Updating the Economic Loss Rule: The Ghost of Sensenbrenner: 20: 1999

Pass Through Claims and Liquidating Agreements in Virginia Construction Practice: 26: 2005

CAUSES OF ACTION

Theories of Liability/Causes of Action: 3: 1982

CLAIMS

Claim Development and Litigation on Behalf of Subcontractors: 9: 1988

Considerations in Presenting Construction Scheduling Claims: 24: 2003

Defending A/E Claims in Litigation: 19: 1998

Defending Against Construction Claims: 8: 1987

Environmental Dispute Claims: Hazards and Opportunities, Risks and Rewards: 13: 1992

Pass-Through Claims and Liquidating Agreements Partnering: Potential Pitfalls: 19: 1998

Pitfalls in Federal Construction Claims: 6: 1985

Preventing and Defending Claims from the Owner’s Perspective: Recognizing and Maximizing Strengths:15:1994

Special Problems in Presentation of a Claim: 3: 1982

Targeting Construction Claims by the Contractor Against the Owner–Avoiding

Targeting Construction Claims by the Contractor Against the Owner–The Contractor’s Concerns: 11: 1990

The Federal False Claims Act: 19: 2000

Warranty Claims for Residential Construction: 18: 1997

CLAUSES

Contact Clauses You Love to Hate: 10: 1989

Exculpatory Clauses: Their Purpose, Avoidance and Enforcement: 10: 1989

Risk Shifting and the Prevalence of the Differing Site Conditions Clause: 20: 1999

COLLECTION

After Lunch Indigestion: A Peek at the Fair Debt Collection Practices Act: 18:1997

Collecting on Surety Bonds: 8: 1987

Mechanic’s Liens and Collection Issues (Selected Topics): 18: 1997

COMMERCIAL

Americans With Disabilities Act Title III: Public Accommodations and Commercial Facilities: 13: 1992

The Arbitration of a Construction or Commercial Dispute: 1: 1980

COMPUTER/INTERNET/TECHNOLOGY

Computer Graphics and Animation in Construction Litigation: 13: 1992

Implementing eGovernment in Virginia: 21: 2000

The Current Status of E-Commerce and the Construction Industry: 21: 2000

CONDOMINIUM

Fundamentals of Condominium Law in the Context of Construction Controversies: 4: 1983

Rights and Duties of the Parties in Condominium Construction Litigation: 4: 1983

Special Problems Related to Condominium Construction Litigation: 4: 1983

CONFLICT

Conflicts 101: 24: 2003

Ethics and Conflicts of Interest in Government Contracting in Virginia: The Virginia Public Procurement Act: 19: 1998

“Nearer My God to Thee”: Ethics and Conflicts of Interest In Federal Government Contracting: 19: 1998

What is a Conflict of Interest?: 15: 1994

CONTRACTS

AIA Contracts

CONTRACTOR

Big, New and Unsinkable? Changes in the AIA and AGC Documents, A Contractor’s Viewpoint: 19: 1998

Claims Against Virginia Counties Under the Virginia Public Procurement Act (A Contractor’s Perspective): 13: 1992

Targeting Construction Claims by the Contractor Against the Owner–Avoiding Construction Claims by the Contractor Against the Owner: 11: 1990

Targeting Construction Claims by the Contractor Against the Owner–The Contractor’s Concerns: 11: 1990

The Troubled Project When the Contractor is Defaulting, Becoming Insolvent or Files for Bankruptcy–The Contractor’s Perspective!: 12: 1991

Update on Employment Law for Construction Contractors: 10: 1989

Warranties Flowing From the Contractor to the Owner Arising from the Construction Contract and the Performance of Work: 2: 1981

When the Contractor is Defaulting or Becoming Insolvent: What to Do From the Architect/Engineer’s Perspective: 12: 1991

When the Contractor is Defaulting or Becoming Insolvent: What to Do From the Lender’s Perspective: 12: 1991

When the Contractor is Defaulting or Becoming Insolvent: What to Do From the Subcontractor’s Perspective: 12: 1991

CONSTRUCTION

Constructability, Specialty Designs and the Standard of Care: 25: 2004

Sticks and Bricks – Site Work Issues: 25:2004

The Ten Basic Rules for Good Roofing: 27: 2006

CRITICAL PATH

Mock Trial Examination and Cross-Examination of a Critical Path Expert: 16: 1995

Pricing and Proving Damages and the Damages Experts: 22: 2001

Panel Discussion on Critical Path Analysis: 16: 1995

Techniques of Critical Path Analysis: 16: 1995

DAMAGES

Damages and Audit Issues Arising on Construction Projects: 17: 1996

Damages in Construction Litigation: 2: 1981

Effective Damages Presentations: 11: 1990

More Effectively Presenting Construction Damages–Making the Complex Simple, More

Pricing and Proving Damages and the Damages Experts: 22: 2001

Schedule Delay Analysis: Linking Liability to Damages: 15: 1994

DEFAULT

Contractor Default Insurance and Directed Suretyship: 21: 2000

How and When to Terminate for Default: 15: 1994

The Troubled Project When the Contractor is Defaulting, Becoming Insolvent or Files for Bankruptcy–The Contractor’s Perspective!: 12: 1991

When the Contractor is Defaulting or Becoming Insolvent: What to Do From the Architect/Engineer’s Perspective: 12: 1991

When the Contractor is Defaulting or Becoming Insolvent: What to Do From the Lender’s Perspective: 12: 1991

When the Contractor is Defaulting or Becoming Insolvent: What to Do From the Subcontractor’s Perspective: 12: 1991

When the Contractor is Defaulting or Becoming Insolvent: What to Do From the Surety’s Perspective: 12: 1991

DEFENSES

Preemptory Defenses Under Virginia Law: 16: 1995

DELAY

Schedule Delay Analysis: Linking Liability to Damages: 15: 1994

DEPOSITIONS

The Taking and Use of Videotaped Depositions: 13: 1992

DESIGN/BUILD

Alternative Modes of Contracting: Construction Management and Design/Build: 7: 1986

A Simple Approach to Minimizing Risk and Increasing the Rewards and Profitability of a Design Practice: 19: 1998

Commonwealth of Virginia Design-Build/Construction Management Review Board: 22: 2001

Design/Build in Virginia: Drafting the Plan: 18: 1997

Managing the Design-Build Relationship: 22: 2001

DIFFERING SITE CONDITION

Risk Shifting and the Prevalence of the Differing Site Conditions Clause: 20: 1999

DISCIPLINE/DISCIPLINARY

An Overview of the Disciplinary System of the Virginia State Bar: 16: 1995

DISCOVERY

Discovery and Document Control in Major Construction Cases: 11: 1990

Electronic Discovery: From Preservation to Production: 24: 2003

Managing and Resolving Complex Construction Litigation–Uses and Abuses of Discovery: 8: 1987

The Taking and Use of Videotaped Depositions: 13: 1992

Electronic Discovery: A Primer on the 2006 Federal Rule Amendments: 27: 2006

DISPUTE REVIEW BOARDS

Dispute Review Boards and Other Means of Litigation Avoidance: 15: 1994

The Use of Dispute Review Boards in Construction: 22: 2001

DISPUTES

Bay Point Condominium Association v. RML Corporation: A Primer on the Use of Assignment/Liquidating Agreements in the Settlement of Construction Disputes: 24: 2003

Cost-Effective Management of Construction Project Disputes: 14: 1993

Environmental Dispute Claims: Hazards and Opportunities, Risks and Rewards: 13: 1992

Ethical Considerations in the Resolution of Construction and Public Contract Disputes: 14: 1993

Maximizing Success Before the Boards of Contract Appeals; Resolving Mid-Project Disputes; Lifetime Lessons in Dealing with Federal Contracts: 15: 1994

The Arbitration of a Construction or Commercial Dispute: 1: 1980

The Same, But Different...Construction Disputes on VDOT Contracts: 20: 1999

Winning Strategies in Negotiating, Arbitrating and Litigating Construction Disputes: 11: 1990

DRAWINGS/SPECIFICATIONS

Everything You Need to Know About Reading Construction Drawings and Specs–A Practical Course: 13: 1992

ECONOMIC LOSS

Economic Loss: The Spectre of Privity: 10: 1989

Updating the Economic Loss Rule: The Ghost of Sensenbrenner: 20: 1999

EIFS

EIFS Litigation Panel Discussion: 22: 2001

EMPLOYMENT

Americans With Disabilities Act Title I: Employment: 13: 1992

Developments in Employment Law: 9: 1988

Update on Employment Law for Construction Contractors: 10: 1989

Borrowed Servants, Independent Contractors, and Other Workers’ Compensation Issues for the Construction Industry: 27: 2006

ENGINEER

Architect/Engineer’s Perspective: 12: 1991

Defending A/E Claims in Litigation: 19: 1998

When the Contractor is Defaulting or Becoming Insolvent: What to Do From the Architect/Engineer’s Perspective: 12: 1991

The Owner’s Contract With the Architect/Engineer: 7: 1986

Risky Business: Current and Emerging Areas of Risk for the A/E: 26: 2005

ENVIRONMENT(AL)

Environmental Dispute Claims: Hazards and Opportunities, Risks and Rewards: 13: 1992

Indoor Air Pollution–Are Buildings Really “Sick”?: 13: 1992

Environmental Law and Construction Industy: A Survival Guide to the Basics: 25:2004

ETHICS/PROFESSIONAL CONDUCT

Ethics and Conflicts of Interest in Government Contracting in Virginia: The Virginia Public Procurement Act: 19: 1998