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November 2014
EVENT

Value of Enlightened Dispute Avoidance and Resolution

November 09-14, 2014

Location: Cooper Guest Lodge in Dallas, Texas

Robert S. Peckar and Melinda S. Gentile will be speaking at the Associated General Contractors of America Advanced Management Program at the Cooper Guest Lodge in Dallas, Texas on November 9-14, 2014. Mr. Peckar and Ms. Gentile will be discuss the Value of Enlightened Dispute Avoidance and Resolution. The participants explore the cost, time, relationship and indirect consequences of disputes. Emphasis is placed on recognizing opportunities to solve disputes, followed by practical dispute resolution training. Participants leave with an enlightened understanding of alternatives to traditional dispute resolution and how to effectively use them. Event Link

with:
Robert S. Peckar
Melinda S. Gentile


EVENT

Joint Ventures – Make Sure You Don’t Get Fleas

December 09-11, 2014

Location: Saratoga Hilton and Saratoga City Center Saratoga Springs, New York

Paul G. Monte and Sean P. Ryan will be speaking at the Associated General Contractors of New York State 28th Annual Construction Industry Conference, December 9-11, 2014 at the Saratoga Hilton and Saratoga City Center Saratoga Springs, New York. During one of the afternoon sessions on December 10, 2014, Mr. Monte and Mr. Ryan's presentation titled "Joint Ventures – Make Sure You Don’t Get Fleas" will explore issues and offer advice on how to select the right partner and ensure through teaming agreements, contract documents and insurance instruments that the project and accompanying risk, which may include design liability in a design/build project joint venture, will be managed effectively. Event Link

with:
Paul G. Monte
Sean P. Ryan


NEWS

Gary M. Stein and K. Stefan Chin authored an amicus curiae brief on behalf of the South Florida Associated General Contractors and in support of the appellant, CDC Builders, Inc., in a significant case involving the construction and development of luxury homes and townhomes on certain property in Coral Gables, Florida. The Third District Court of Appeal recently issued its opinion reversing summary final judgment in favor of Biltmore-Sevilla Debt Investors, LLC, an entity created and controlled by the owner/developer, and against CDC Builders, Inc., the contractor. The opinion stands for the proposition that an owner cannot form a new entity to completely pay off and purchase a construction loan, take an assignment of the original mortgage without satisfying the mortgage, and then foreclose the mortgage to wipe out the contractor's statutory construction lien.



EVENT

2014 Construction Superconference

December 01-3, 2014

Location: Encore Resort in Las Vegas, Nevada

Robert S. Peckar, Steven M. Charney, Thomas J. Curran, Michael A. Branca, Charles A. Williams, III, Adrian L. Bastianelli, III and Frank M. Rapoport will speak at the 2014 Construction Superconference on December 1 – 3, 2014 at the Encore Resort in Las Vegas, Nevada. Mr. Peckar will introduce the luncheon general session on December 2, 2014 titled "A Guy with a Badge Wants to Talk to You!". Steven M. Charney will moderate and provide commentary and Thomas J. Curran will provide commentary on what occurs when a representative of a law enforcement or a regulatory agency appears at the project site with a search warrant for project records relating to minority business enterprise utilization and the appropriate reaction and response from a contractor's attorneys and management. In addition, this session will provide insight into the attitudes of prosecutors and regulators in regard to such investigations, and prosecutions from the start to the time of search warrants. Michael A. Branca will be speaking on a panel during one of the December 2nd afternoon sessions titled "Cost-Reimbursable Contracts: A Blank Check?" In this session attendees will understand how to implement cost-reimbursable forms of contracting and the key risks involved with such a delivery method, develop project procedures and documentation to manage typical cost-reimbursable contract and learn best practices to control and identify risks as well as learn to identify common disputes in cost-reimbursable contracting and how to plan and manage those disputes in contract negotiations and during project execution. Charles E. Williams, III will moderate a panel during one of the December 2nd afternoon sessions titled "Creating Effective Public/Private MWDBE Programs". This session will review the successful operation of the MTA's program and will also review and discuss how the privately financed Hudson Yards Project has incorporated the practices and procedures developed by the "Regional Small Business Mentoring Program" into the buyout of its massive project increasing opportunities for MWDBE's to participate in construction at meaningful levels. Adrian L. Bastianelli, III will be speaking on a panel during one of the December 3rd morning sessions titled "Advocacy in Construction Disputes: Litigating Delay and Disruption Claims". In this session attendees will be able to understand trial tactics, understand strategies in delay/disruption litigation and understand and learn skills training in the context of delay disruption litigation. Frank M. Rapoport will participate as a panelist during one of the December 3rd morning sessions titled "P3 Update: Best Practices, Legislation and the P3 Market". During this session attendees will learn how to identify P3's and best practices from real world experiences as well as explain current P3 legislation with regard to what states are implementing, how broad the legislation is and what new steps they are taking to ensure success around the model. In addition, attendees will learn how to identify the P3 market and current successes and challenges. Event Link

with:
Robert S. Peckar
Steven M. Charney
Thomas J. Curran
Michael A. Branca
Charles E. Williams, III
Adrian L. Bastianelli, III
Frank M. Rapoport


NEWS

Frank M. Rapoport will moderate a special information webinar on What the Election Results Mean for P3 presented by the Association for the Improvement of American Infrastructure. The election has the potential for major impacts on the country's Public-Private Partnership (P3) market and the future of our Nation's infrastructure. Join AIAI's panel of leading industry experts on Friday, November 7 at 10:30am EST to explore the results, outcomes and opportunities based on the election results. To register please visit http://aiai-infra.info/what_the_election_results_mean_for_p3.html