Construction Law Essentials: Contracts, Dispute Resolution, and Claims Management

Danielle E. Cohen
Danielle E. Cohen
Tesser & Cohen

Danielle E. Cohen is a partner at Tesser & Cohen, where she concentrates her practice on construction litigation.

Tesser & Cohen

Gina A. Makoujy is Of Counsel to Tesser & Cohen, PC, in Hackensack, NJ. Ms. Makoujy practices in the areas of construction litigation, commercial and business law, architects’ and engineers’ professional liability defense, and transactional matters.

On-Demand: November 12, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

Session I – Construction Contracts and Dispute Management – Danielle Cohen

The session will focus on drafting construction contracts. It will compare different types of agreements and discuss essential clauses to be incorporated into construction contracts as well as discuss dispute resolution and termination provisions.

Key topics to be discussed:

  • Comparing AIA and ConsensusDocs contracts
  • Essential clauses from the perspective of the owner and contractor: Scope of work, pricing, payment terms and schedules
  • Dispute resolution and termination clauses

Session II - Construction Claims, Key Strategies – Gina Makoujy

Effective and efficient management of construction claims as they are unfolding is critical to minimize risk and maximize results. In the dynamic construction world, the earlier claims are addressed the better. We will discuss real-time strategies for counseling clients as claims arise mid-project including how best to comply with notice provisions, the project documents you need to be familiar with from commencement to close-out, common mistakes resulting in waiver of claims, how to handle claims rejection, and preparing for dispute resolution.

Key topics to be discussed:

  • Key contract terms for successful claims
  • Real-time strategies for making claims
  • Avoiding inadvertent waiver of claims
  • Strategies for dealing with upper-tier and lower-tier parties

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Danielle E. Cohen_FedBarDanielle E. Cohen | Tesser & Cohen

Danielle E. Cohen is a partner at Tesser & Cohen, where she concentrates her practice on construction litigation. She has represented a diverse range of construction clients, including owners, general contractors, subcontractors, and material suppliers. She has been involved in both prosecuting and defending claims on private and public projects in New Jersey and New York, including delay claims, construction lien and mechanic’s lien foreclosure actions, defective work claims, bond claims, Prompt Payment Act claims, and trust fund issues.

Ms. Cohen is listed in the New Jersey editions of Super Lawyers, Rising Stars from 2014 through 2021 and in the New Jersey editions of Super Lawyers from 2022 through 2024 in the field of construction law. Ms. Cohen is the immediate past CoChair of the New Jersey State Bar Association, Construction Law Section.

 

Gina Makoujy_FedBarGina Makoujy | Tesser & Cohen

Gina A. Makoujy is Of Counsel to Tesser & Cohen, PC, in Hackensack, NJ. Ms. Makoujy practices in the areas of construction litigation, commercial and business law, architects’ and engineers’ professional liability defense, and transactional matters.

Gina has represented a variety of clients in the construction arena, including project owners, developers, design professionals, general and prime contractors, and specialty trade contractors, in all phases of construction and commercial litigation. She regularly counsels clients during the pre-construction and construction phases on issues including contract negotiations, risk management, and disputes.

Her representation extends to both public and private projects, and addresses payment claims, delay and impacts, acceleration, design issues, lien law, bond claims and surety issues, defective work, and wrongful termination. She has extensive experience in construction lien foreclosure actions involving the New Jersey Construction Lien Law and New Jersey’s Municipal Mechanics’ Lien Law.

She has been selected as a Super Lawyer 2017, 2018, 2019, 2024; and Bergen Magazine 2023 Top Lawyers.

Agenda

Session I – Construction Contracts and Dispute Management | 1:00pm – 2:00pm

  • Comparing AIA and ConsensusDocs contracts
  • Essential clauses from the perspective of the owner and contractor: Scope of work, pricing, payment terms and schedules
  • Dispute resolution and termination clauses

Break | 2:00pm – 2:10pm

Session II – Construction Claims, Key Strategies | 2:10pm – 3:10pm

  • Key contract terms for successful claims
  • Real-time strategies for making claims
  • Avoiding inadvertent waiver of claims
  • Strategies for dealing with upper-tier and lower-tier parties

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via Attorney Submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Approved for Self-Study Credits
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General hours

Maryland

No MCLE Required
2 General hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

The Federal Bar Association reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal Hours

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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