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LEGAL ISSUES IN SCHOOL CONSTRUCTION

LEGAL ISSUES IN SCHOOL CONSTRUCTION. Jay Bequette (jbequette@bbpalaw.com) Keith Billingsley (kbillingsley@bbpalaw.com) Bequette & Billingsley, P.A. 425 West Capitol Avenue, Suite 3200 Little Rock, AR 72201-3469 Phone: (501) 374-1107 Fax: (501) 374-5092. Contract Documents.

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LEGAL ISSUES IN SCHOOL CONSTRUCTION

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  1. LEGAL ISSUES IN SCHOOL CONSTRUCTION Jay Bequette (jbequette@bbpalaw.com) Keith Billingsley (kbillingsley@bbpalaw.com) Bequette & Billingsley, P.A. 425 West Capitol Avenue, Suite 3200 Little Rock, AR 72201-3469 Phone: (501) 374-1107 Fax: (501) 374-5092

  2. Contract Documents • Have negotiated contract documents with numerous construction professionals over the years • Typically find them to be extremely helpful and of the highest integrity • Suggest the following revisions to standard contract documents to allow districts to provide excellent educational facilities in the most cost-effective manner possible

  3. Architect • Architect Certifications • Building Codes • ADE Criteria • Dispute Resolution • Arbitration vs. Litigation • Venue • Use of Architect’s Drawings and Documents • Access to the Work

  4. Architect • Construction Phase • Site Visits • Work in Accordance with Contract Documents • Architect Compensation • Compensation for Additional Services • Miscellaneous Provisions • Modifications • Indemnification • Insurance • Bonds and Records

  5. General Contractor / Construction Manager • Bids • Construction Manager Certifications • Contract Documents • Building Codes • ADE Criteria • Surveys • Owner’s Representative • Compensation

  6. General Contractor / Construction Manager • Changes in Work • Dispute Resolution • Arbitration vs. Litigation • Venue • Modifications to Agreement • Conflict of Interest • Indemnification and Legal Compliance • Non-Collusion • Penalty for Collusion

  7. General Contractor / Construction Manager • Non-discrimination • Proprietary Information • Severability • No-Smoking Policy • Construction Manager’s Employees and Their Behavior • Daily Cleanup • Owner/Manager Communications • Owner Indemnification

  8. Do Not Sign Construction Contracts and Then Send to the School Attorney for Review

  9. Requests for Proposals/Requests for Qualification Should Always Include Amended Contract Documents

  10. Surety Bonds • Purpose   • Timeliness • Why They Are Important

  11. Warranties • Roof • Product • Purpose • Key Concerns

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