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Common Issues and Complexities After a Construction Failure

Understand the complexities involved when construction failure occurs and how to protect each party’s interests. In construction projects, disputes are inevitable. Owners must develop advantageous project delivery systems that align lending agreements, insurance policies, design professionals and construction contractors. General contractors are required to construct projects in accordance with designs and specifications while flowing down responsibilities to subcontractors. Each party in the construction process must use contractual arrangements to properly allocate risk to the most appropriate party. But, what happens when there is a construction failure? Most parties in the construction process don’t understand the complexities involved in protecting stakeholder interests during construction failures. This topic will help the construction parties understand the common issues that must be addressed with construction failures. This content also explains the process required to analyze the issues on the project and how the risks of construction failures are allocated under the applicable contract documents. We will discuss the process to properly document the failure, identify the party that is liable, how to proceed with the project after a construction failure and how to protect each party’s interests. This topic is critical for all parties that are involved in the development and construction industries.

Learning Objectives