ConstructionLaw

ABC NH/VT has partnered with Gagliuso Legal Solutions to offer a Construction Law series. 

Click here to see upcoming Construction Law classes and pricing, or visit our calendar for all upcoming classes. 

  

Course Descriptions


Mechanic’s Liens – An education on what a mechanic lien is, review of the NH statute on mechanic’s lien, who can file one and how it’s done. The rights of subs, suppliers, contractors and design professionals are explained. How mechanic’s liens impact a project is discussed.

Payment Bonds – An overview of what payment bonds are, how they function and how a contractor can get bonded if the job so requires it.

Judicial Liens – An overview of judicial liens, who they impact. Course also discusses what an interested party should consider before filing a judicial lien.

Project Delivery Methods – A deep dive into the differences between design-bid-build, construction management and design-build.

Job Documentation – Education on the type of documentation produced in the field, such as Daily Reports, Timecards, Field Authorizations, Field Correspondence and more. This module reviews: the importance of documentation to running a good business, what is the minimum content each document should include, and what to include and not include in each.

Independent Contractor – A full explanation of what a contractor needs to know what is an independent contractor. Explaining what an Independent Contractor is, an education on the relevant state laws (ie workers compensation and unemployment) as well as the Federal Fair Labor Standards Act. Course also discusses Misclassification.

Basic Contracting Principles – This course provides an overview of general contracting principles involved in operating a construction company. It will review the laws pertaining to construction as well as provide participants with an understanding of the fundamentals of what makes a construction company successful.

Standard Contract Forms – A review of industry standard forms, such as AIA documents, which are used to establish the standards between two or more parties involved in a construction project. This course provides an overview of construction documents and project manuals. Participants will read and interpret construction drawings and be able to recognize the types (components) of working drawings and specifications. They will identify the types of contracts used in the industry. Emphasis will be placed on the importance of ensuring documents are well-maintained.

Delay and Disruption – Time is a resource and a constraint, review the importance to owner of timely completion, importance of time to the contractor of timely completion.

Acceleration/Schedule Compression – The importance of scheduling work, types of schedules that can be used. The importance of time management, significance of substantial competition/final completion, categories of delay, consequences of delay. Review of the kinds of acceleration of schedule.

Dealing with OSHA – Explaining what OSHA is, history of the law creating OSHA, how the organization functions and how it has enforcement authority over construction work. Explanation of how OSHA has the authority to inspect and investigate, how inspections are done. A review of how to handle an OSHA inspection, review of the General Duty Clause, OSHA citations -what they are and a review of the various characterizations of violations as well and penalties, filings, proceedings and appeals.

Building Codes and Standards – A review of NH Building Codes & Standards, International Residential Code and included International Plumbing Code. Topic also talks about enforcement, municipal code enforcement and state code. Goes into depth about who enforces the building code locally and where the State Fire Marshal is responsible for administration of Code when no local code administrator exists.

Special Residential Considerations – Review of the law as it pertains to dispute resolution for residential projects.

Warranties – Types of warranty (ie verbal, written) their limits; implied warranties and a contractor’s obligations under state law to perform in accordance with accepted standards.

Termination – Education on what a termination is, who can terminate and why.

Claims – Review of what a claim is, who can file one and how, as well as how to respond to a claim.

Dispute Resolution – An education on how construction disputes can be resolved. Explanation of the differences between Settlement Conference, Mediation, Litigation, and Arbitration. Discussion about the reasons to consider a legal alternatives, how contract terms impact dispute resolution options.

View the calendar