Project Contract Variations: Mitigating Risks of Cost Overruns, Scope Creep and Breaches in Delivery Obligations
Recording of a 90-minute CLE webinar with Q&A
This CLE course will address the cost, delivery and other commercial risks inherent in drafting and executing change provisions in a complex project contract. The panel will provide insight into how to effectively mitigate risk while preserving flexibility for the inevitable setbacks and challenges that occur in a complex commercial project.
Outline
- Elements of changes in scope versus contract amendments
- Risk mitigation through careful contract drafting and review
- Implementation and administration of changes and change claims to preserve rights and mitigate exposure
- Potential risks, pitfalls and resolving commercial disputes
Benefits
The panel will review these key issues:
- How do changes in scope differ from contract amendments, and what are the essential elements of each?
- How should changes be addressed in the project contract?
- How can counsel minimize the risk of cost overruns, delay-related costs and schedule misses?
Faculty
John D. Darling
Shareholder
Hunt Ortmann Palffy Nieves Darling & Mah
Mr. Darling's commercial litigation practice focuses on the resolution of construction and commercial real... | Read More
Mr. Darling's commercial litigation practice focuses on the resolution of construction and commercial real estate conflicts and on complex business litigation across numerous industry groups and business sectors nationwide. His practice is diverse, including collection actions, business and commercial law disputes, construction consulting, construction contracts and bid documents, construction disputes and litigation, and insurance and suretyship.He counsels clients in assessing risk and damage, and tried over one hundred cases throughout California and the United States.
CloseBrooke Miechel
Senior Counsel - Projects
GE Transportation
Ms. Miechel specializes in infrastructure and technology project development and procurement. She has extensive... | Read More
Ms. Miechel specializes in infrastructure and technology project development and procurement. She has extensive experience advising on project delivery methods and risk allocation, drafting, reviewing and negotiating contract documents and providing strategic legal advice to executive management and project management teams on project issues, claim management and dispute resolution. Ms. Miechel has advised owners, contractors and financiers, is internationally experienced having worked on projects in Australia, North America, South America, Asia and Europe and is experienced across industries including transport, power, mining, oil and gas, chemicals and water. She has worked in-house at General Electric and in private practice at top tier Australian firm, King & Wood Mallesons. She has a Master of Construction Law from the University of Melbourne, Australia.
CloseCarlo Paciulli
Shareholder
Hunt Ortmann Palffy Nieves Darling & Mah
Mr. Paciulli’s long-term experience in the design and construction industry buttresses his practice in... | Read More
Mr. Paciulli’s long-term experience in the design and construction industry buttresses his practice in construction claims and litigation. Before becoming a trial attorney, he worked as an onsite construction and project manager for a large architectural, engineering, and construction services company, during which time he managed over $100 million in facilities construction for the United States Postal Service and developed an extensive background in federal government contracts. He was responsible for design management, bidding and contract award, construction, claims and dispute resolution, and project settlement and closeout. His wide-ranging claims experience includes differing site conditions, delay and disruption, acceleration, defective plans and specifications, change orders, and payment disputes. He presents seminars on change orders, contract administration, AIA contracts, contracting with California public entities, effective quality control, and mechanic’s liens, bonds and stop notices.
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