This year's program will focus on trying a construction dispute from start to finish. Topics to be covered include prerequisites to claim presentation, preparing the case for hearing in litigation and arbitration, a view from the bench and the arbitrator's perspective, and the ethical analysis of how far a lawyer can go in presenting damages in negotiation, mediation and litigation. Earn up to four general and one dual CLE hours.
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This session will discuss considerations in setting fees in attorney/client contracts; presenting expert testimony; avoiding conflicts of interest; making meritorious claims and maintaining competence with ever evolving technology.
This session will showcase the perspectives from the bench and the arbitrator. Chancellor (retired) Ellen Hobbs Lyle and arbitrator Mary Beth Hagan will provide best attorney practices for arbitration and court with respect to various critical aspects of a construction case: pleadings, discovery, pretrial filings (briefs and witness and exhibit lists), presentation of proof (fact witnesses, experts, exhibits), closing arguments, and rulings. This session also discusses the attorney's options and selection of the decision maker: arbitrator, judge, jury.
This session will focus on preparing and presenting a construction case for arbitration. Topics to be covered include the unique limited rules, flexibility and expectations of arbitration. Additionally, this session will provide some tips for preparing exhibits and presenting evidence and discuss the importance of proving damages.
This session features an experienced panel of litigators who will discuss the ins and outs of preparing and presenting a constrution case for litigation. Topics to be covered include considerations when litigating construction cases, pre-litigation ADR requirements, defense considerations, costs benefit analysis, key contract clauses, importance of documentation, proof of damages, liquidated damages, consequential damages, notice/opportunity to cure defects and more.
This session takes a deep dive into the prerequisites to construction claims. It will discuss preparing a claim document, presenting the facts, pricing the claim, preserving the claim, what specific documents can be used to support a claim and more.