8:55 Welcome and Introductions
9:00 Damages 101
David Redding, TLG Law, Charlotte
Gregory L. Shelton, Shelton Law Carolinas, Charlotte
Receive a general overview of the categories of damages associated with construction litigation — direct damages, liquidated damages, consequential damages and incidental damages — and get tips for effective documentation of each type.
10:00 Preparing and Quantifying Claims for Lost Profits
Christopher Foux, LitCon Group LLC, Philadelphia, PA
Jason Ligon, LitCon Group LLC, Charlotte
Gain a better understanding of claims for lost profits as we discuss the elements of proof, the role of the financial damages expert, economic assessment and damage quantification methodologies, and case-study examples. Then learn about common pitfalls and critiques of opposing lost-profits calculations.
11:11 Suretyship: Preparation and Everything You Wanted to Know but Were Afraid to Ask
Jessica Bowers, Smith Bowers, Raleigh
Michael McCreadie, McGriff Insurance, Charlotte
You've probably heard the basic slogans of surety bonds — "Surety bonds are not insurance." To know about the requirements, "Read the bond!" But for contractors and lawyers alike, knowing what leads to the issuance of surety bonds, and then how bond claims are handled, is often something of a black box. Walk through what goes into the surety brokerage and underwriting processes, how bond claims are handled by sureties and their principals, why indemnity agreements are so important to the surety relationship, and more.
12:13 Lunch Break
12:43 Rethinking Mediation in a Construction Case
David W. Hood, Patrick Harper & Dixon LLP, Hickory
Robert A. Meynardie, Meynardie & Nanney PLLC, Raleigh
Understanding the value of mediation and its goals beyond settlement helps us make better decisions on when to conduct the mediation, how to prepare and what negotiation strategies to employ. This session examines the process from the neutral's perspective, highlights the value of mediation (even without settlement), considers the pros and cons of early mediation, and looks at some of the dynamics of multi-party mediation.
1:46 Preparing for Arbitration of a Construction Case
H. Arthur "Arty" Bolick II, Brooks Pierce McLendon Humphrey & Leonard, Greensboro
Nan E. Hannah, Hannah Sheridan & Cochran LLP, Raleigh
Jason B. James, James deNobriga PLLC, Charlotte
This interactive presentation reviews the options for alternative dispute resolution of construction disputes. During an engaging role-play scenario, attendees walk through the steps leading up to arbitration and examine what distinguishes preparation for and conduct of an arbitration hearing from a trial.
2:59 Something New: Collaborative Law for Construction Cases
John W. Ong, Law Office of John Ong PLLC, Charlotte
Ronald A. Skufca, Skufca Law PLLC, Charlotte
Nicole Slaughter, Hamlet & Associates PLLC, Wilmington
Collaborative law provides a path to help the parties move forward while preserving working relationships. Listen as attorneys trained in collaborative law walk through a fact scenario and discuss how working together to guide and enable their clients — with the help of objective joint experts — resolves issues when things break down in the middle of a large commercial project.
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