Terminating a Construction Project Before Completion: Do's, Don'ts, Claims & Litigation

Introduction

On October 19th at 10 a.m., Mike Villalba & Pete Fowler presented a FREE webinar called "Terminating a Construction Project Before Completion: Do's, Don'ts, Claims & Litigation". Construction is expensive. The spectrum of construction professionals ranges from the pinnacle of professionalism and quality to criminal negligence. Sometimes projects must be terminated prior to their completion. The process is usually expensive and complicated. However, if you use a standard structure that takes into consideration the contract documents, construction industry standards, the construction scope, budget and schedule, then you can get to the end as quickly and inexpensively as possible. Sometimes it's not quick or cheap, but structure makes analysis as efficient as possible.

"Terminating a Construction Project Before Completion" is for everyone involved in the building or buildings business, including owners, attorneys, adjusters, property managers, real estate professionals and anyone else involved in construction or real estate. If you can understand that no matter where you are in a construction project gone bad, you're not trapped, then you can negotiate from a position of strength. We will begin by explaining the roles and responsibilities of the parties in the construction business. Next, we will explain the PFCS Construction Claim Analysis framework. Finally, we will review case studies that demonstrate how to terminate projects from the perspectives of the owners and the contractors.

Learning Objectives

  • Review the basic roles & responsibilities in construction. 
  • Learn a framework for analyzing a construction claim. 
  • Discuss how damages are calculated after a contract is terminated. 
  • Strategize how one might salvage a construction project rather than terminate.
  • Review case studies and real world examples of projects that were terminated before completion.

Program Outline

  1. Introduction
  2. Contracting 101
  3. Construction Claim Analysis Framework
  4. RTFC
  5. Calculating Damages
  6. Salvaging a Project
  7. Conclusion

This program is approved for one hour of CLE for attorneys in California, Nevada and Oregon. This program is also approved with the California Department of Insurance.

Comments from Attendees

  • "I liked the photos and discussion of issues including the retaining wall.  It was kind of a wake-up call on that homeowner with a trust who could afford to fight a GC, R.E. the poor work done, overruns and challenge/lawsuit.  Great outcome, by the way!!  Oh - I also like the initials RTFC lol."
  • "Very informative and useful."
  • "I enjoyed it!"
  • "Helpful, gives us ideas to use in future negotiations." 
  • "Loved the case studies!"
  • "Great presentation with experienced, qualified, knowledgeable & seasoned speakers!"
  • "It was good!" 
  • "Very good, especially if you are considering building a project."
  • "I thought it went well and was informative."
  • "Great program and timely for me."
  • "Good program; good subject."
  • "Always enjoy your presentations. I learn something every time!"
  • "Pete was very good and the presentation was informative." 

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