Learn best practices to prevent or maneuver through the minefield of payment disputes.
Avoiding and minimizing payment disputes is essential to success. This topic provides a roadmap filled with tactics and strategies to avoid or navigate through the minefield of payment disputes. During the course of this program, you will learn how to spot toxic projects, protect your company through key contract terms, evaluate and manage risk, and deploy successful strategies to resolve payment disputes on your terms.
Learning Objectives
- You will be able to explain the importance of checking governmental filings in preventing payment issues.
- You will be able to understand the concept of liens and their role in payment dispute resolution.
- You will be able to explain the concept of pay-if-paid clauses in contracts.
- You will be able to demonstrate proficiency in writing effective letters to address payment issues.
Agenda
Preventing Payment Issues Before They Arise
- Avoid the Wrong Jobs
- Investigate Ability to Pay
- Check Governmental Filings
Factors to Consider When Payment Issues Arise
- Burn or Preserve Relationship
- Likelihood of Getting Better or Worse
- Perform or Terminate
- How Well Documented Is Your Position?
- What Rights Does Your Contract Give You?
Time Is Not Your Friend
- Bond
- Lien
- Out of Business
- Preferred Creditors
- Start Worrying When They Stop Communicating
Risk Management Through Contract Terms
- Cost to Collect
- Terminate
- Walk off or Perform Under Protest
- Pay If Paid
- Process for Addressing Changes
- Dispute Resolution
- Liquidated Damages vs. Actual Damages
Payment Process Option
- Letter Writing
- Bond Claims
- Mechanic Lien Claims
- Mediation, Arbitration, or Lawsuit
Speakers
Drew W. Colby, Esq.,
Partridge Snow & Hahn LLP- Over 30 years’ experience practicing construction law
- Drafting and negotiating hundreds of contracts
- Resolving payment and performance disputes
- Frequently conducts seminars and workshops on construction topics
- Authored dozens of construction articles and publications
- Earned the AV® Preeminent Rating from Martindale Hubbell which represents the highest possible rating on both legal ability and ethics based upon the confidential opinion of peers and judges
- Can be contacted at dcolby@psh.com
Parker Williams,
Kenney & Sams, P.C.- Partner in the office of Williams & Associates
- Specializes in construction, employment, and commercial and business litigation matters
- Previous experience at two mid-sized civil litigation firms in Boston, handling national and international cases involving commercial and business litigation, appellate practice, transportation, negligence, aviation, toxic torts, and products liability matters
- Former Assistant District Attorney in the Middlesex District Attorney’s Office, with trial experience in District Court and extensive work on evidentiary and non-evidentiary motions before Middlesex County Superior, District, and Juvenile Courts
- J.D., The Catholic University of America, Columbus School of Law; B.A. in History, American University; B.S. degree, Clark Atlanta University, Atlanta, GA
Who Should Attend
This live webinar is designed for presidents, vice presidents, contractors, subcontractors, engineers, architects, project managers, contract managers, developers, accountants, controllers, and attorneys.
