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(Click on People's Pictures Below to Read their Biographies)
_____________________________________________________________________________________Plenary 1: DELAY DAMAGES – What’s Hot, What’s Not A review of the latest legal developments involving delay damages. Hear the latest on total cost claims, cumulative impact claims, the use of Eichleay and other formulas for extended home office overload, as well as liquidated vs. actual owner damages.
Paper in PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Plenary 2: CONTRACT DRAFTING TO REDUCE OR ELIMINATE DAMAGES – What are the Limits? Contract provisions that set, reduce or eliminate damages for breaches of contract have never been more popular. This session covers “No Damages for Delay” clauses, Consequential Damages waivers, liquidated damages clauses, reverse liquidated damages clauses, and other clauses limiting claims or particular liabilities. How are these clauses interpreted and when will they be enforced?
Paper 1 in PDF / Word Paper 2 in PDF / Word Paper 3 in PDF / Word Paper 4 in PDF / Word Attachment in PDF Final Slide Presentation on the Web FIFTY STATE SURVEY ON ENFORCEABILITY OF LIMITATION OF LIABILITY CLAUSES
50 State Survey in PDF _____________________________________________________________________________________ Plenary 3: WORKING WITH DAMAGES CONSULTANTS: Ten Steps to Success What are the best practices in working with experts and how should you deal with your opponent’s experts? Learn the 10 steps to success from retaining the expert, discovery issues, preparing expert reports, Daubert Challenges – fighting junk science, through trial.
Paper in PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Plenary 4: PREPARING THE DAMAGES EXPERT FOR TRIAL Watch a top damages expert work with the attorney on how his testimony will be presented. Learn dos and don’ts from the pros.
Paper in PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Plenary 5: GRAPHICS FOR DAMAGES PRESENTATIONS – Putting the Pow into Ow See the cutting edge techniques that can be used to present damages through exhibits and technology. Be ready with “Plan B” if the judge excludes the exhibit or the technology doesn’t work. Finally, hear a discussion of just what is demonstrative evidence. Is it “evidence” at all?
Paper in PDF / Word Paper in PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Plenary 6: MOCK TRIAL – Direct and Cross Examination of the Damages Expert Watch a live reenactment of a damages expert testifying at trial. The audience will be asked to register approval/disapproval at key points. Real time results will be discussed and practice pointers will be offered by a jury consultant.
Paper in PDF / Word Paper in PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Workshop A: THE REALITY BEHIND THE THEORY OF LOST LABOR PRODUCTIVITY CLAIMS What is the value of industry studies that attempt to measure loss of labor productivity from various causes. Do such industry studies provide a sufficient basis for an expert opinion on lost productivity? How should these studies be used in court or arbitration?
Paper in PDF / Word Paper in PDF / Word Paper in PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Workshop B: TERMINATIONS FOR CONVENIENCE: You Want Me to Pay You What? Learn what different costs can be recoverable under common variations of termination for convenience clauses. This workshop also tackles the thorny issue of whether the owner should pay the contractor a profit for not building the project. Can the clause be modified to provide a middle ground? And what happens when there is a wrongful termination for convenience?
Paper in PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Workshop C: PROJECT NOT GREEN ENOUGH? What Types of Green $$$ Can An Owner Recover? We know, we know -- you are tired of hearing about green building lawsuits. But this program starts with explaining why there have been so few cases in this field to date. Next it turns to upcoming developments in the green building industry that will make lawsuits more likely. Finally, it explores what future damage claims will look like when a project is not green enough, as well as ways to reduce the risk of such damages.
Paper in PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________ Workshop D: WHEN DAMAGES AREN’T ENOUGH Sometimes a monetary damages award won’t make things right. What alternative and unusual remedies may be available besides money? Included in the discussion are remedies involving equitable relief, specific performance, injunctions and accountings.
Paper in PDF / Word Appendices in PDF Final Slide Presentation on the Web _____________________________________________________________________________________ Plenary 7: ETHICS: THROWING IN THE KITCHEN SINK – How Far Can You Go in Presenting Damages in Litigation and Mediation? This workshop takes on the ethical concerns involved in prosecuting or defending damages claims. Does it matter whether the forum is court, arbitration or mediation? When might a damages claim lack a good faith basis such that the claim or lien ends up voided? When might the client or attorney be liable for damages or sanctions? What practical steps should the attorney take to protect both her client and herself?
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