Understand issues and claims involving express and implied duties of good workmanship on a construction project.
Workmanship issues permeate a construction project, from contract negotiation to final completion. This material will take a deep dive into these workmanship issues and learn their impact on a project. After covering a general definition and overview of good workmanship, the topic will turn to the legal sources of workmanship duties. These include express duties set forth in the contract documents as well as implied duties as a matter of law. The material will also address sources of good workmanship requirements in statutes and regulations. Finally, we will examine the claims and dispute resolution process involving workmanship. You will understand the elements of causes of action for breaches of express and implied duties of good workmanship. You will also learn about the forum for prosecuting these claims, whether it is arbitration or a court of law.
Learning Objectives
- You will be able to identify implied duties of good workmanship.
- You will be able to discuss express workmanship provisions in agreements.
- You will be able to explain claims and dispute resolution regarding workmanship.
- You will be able to review statutes and regulations affecting workmanship.
Agenda
Workmanship in Construction
- General Terminology
- Sources of Express Requirements
- Implied Duties of Good Workmanship
- Statutes and Regulations Affecting Workmanship
- Claims and Disputes Involving Workmanship
Implied Duties of Good Workmanship
- General Definition
- Sources of Implied Duties - Case Authority
Statutes and Regulations Affecting Workmanship
Claims and Disputes Involving Workmanship
- Breach of Express Duties - Cause of Action
- Breach of Implied Duties - Cause of Action
- Forum for Disputes
Speakers
Kersten Kortbawi, Esq.,
Greenbaum, Rowe, Smith & Davis LLP- Associate with Greenbaum, Rowe, Smith & Davis LLP
- Experienced commercial litigator who represents plaintiffs and defendants in all forms of civil litigation at both the state and federal level
- Frequently handles unique and high-exposure matters, including those related to complex construction disputes, consumer fraud claims, and product liability matters
- Clients include developers of luxury homes and high-rise residential buildings, condominium associations, municipal entities, and contractors
- While representing a developer, successfully defended a motion to dismiss under the Affidavit of Merit Statute where the challenged claims were derivative third-party claims for contribution and indemnity
- Obtained the dismissal of a negligence claim against an owner after demonstrating that the owner did not owe a duty of care to an injured subcontractor
- Prior to becoming an attorney, worked in family’s commercial and industrial businesses where she gained a background in general construction practices
Steven Nudelman, Esq.,
Greenbaum, Rowe, Smith & Davis LLP- Partner with Greenbaum, Rowe, Smith & Davis LLP
- Chair of Construction Contracting & Risk Management Practice Group
- Concentrates practice in construction law transactions and disputes
- Charter Fellow, Construction Lawyers Society of America
- Listed in Chambers USA in the Construction Practice area
- Co-chair of Construction Law Section of New Jersey State Bar Association
- Can be contacted at 732-476-2428 or snudelman@greenbaumlaw.com
Who Should Attend
This live webinar is designed for engineers, architects, construction and project managers, contractors, subcontractors, presidents, vice presidents, construction professionals, and attorneys.
