- 7 Hour Contracts, Liabilities and Risk Management
- 6 Hour Florida Required Competency
- 1 Hour 2017 Thermal and Moisture Protection: Keeping the Weather Out
- Free Social Media Marketing for Construction Trades
Contracts, Liabilities and Risk Management
This seven hour internet video course explains the principles of contract law and the important elements of a home building and remodeling contract. The difference between various contracts used in the residential construction industry is also described. Requirements and types of insurance are also covered in this course, as well as the details of Workers Compensation.
Learning Objectives are provided to facilitate student understanding and progress. Informal progress checks throughout the module help students review and measure their understanding of the material. The assessment at the end of each chapter accurately reflects Learning Objectives. A 80% passing score on each assessment is required to move on to the next chapter.
Chapter 1 – Contract Rules and Elements
*Learning Objectives: 1) Understand laws to remember when making agreements 2) Why clarity of the contract language is so important 3) Learn the basic elements of a contract 4) Understand what language should always be in a contract 5) Understand what language can be useful in certain situations.
A. Contractor law
B. Content of written agreements
D. Required Documents
Chapter 2 – Contract Types
*Learning Objectives: 1) Describe what other documents may be included with a contract 2) Understand what different positions a contractor may be in 3) Understand what constitutes a fixed price, unit price or cost-plus-fee contract, and what the differences are.
A. Contract Documents
B. Role of the Contractor
C. Fixed Price Contract
D. Unit Price Contract
E. Cost Plus Fee Contracts
Chapter 3 – Retainage and Scope Creep
*Learning Objectives: 1) Identify liquidated damages and retainage 2) Understand how to manage scope creep 3) Be able to write an RFP and how to decline a proposal.
A. Liquidated Damages
C. Scope Creep
D. Request for Proposal
Chapter 4 – Bidding
*Learning Objectives: 1) List reasons for holding a pre-proposal meeting 2) Understand how to create and use a decision matrix 3) Know how to write a residential letter of intent 4) Describe the differences between a commercial letter of intent and a residential one 5) Identify a no-bid letter and understand how to use it.
A. Pre-proposal Meetings
B. Decision Matrix
C. Letter of Intent
D. No Bid Letter
E. Contract Sources
F. Who Pays if Something is Wrong?
Chapter 5 – Contract Formatting
*Learning Objectives: 1) Identify the components of a contract 2) Define consideration as it relates to contracts 3) Understand the many formats a contract can take 4) Understand legal interpretation of written contracts.
C. Written vs. Oral
Chapter 6 – Offer and Acceptance
*Learning Objectives: 1) Describe capacity and how it may affect an agreement 2) Identify what makes an offer valid and what constitutes an adequate acceptance 3) Know what conditions may apply to a contract 4) Describe reliance.
B. Offer and Acceptance
C. Terms and Conditions
Chapter 7 – Consideration
*Learning Objectives: 1) Understand mutuality of obligation in terms of consideration 2) Identify who and what agents represent 3) Describe delegation and assignment of responsibilities 4) Understand the concept of a “reasonable person”.
C. Delegation of Responsibility
D. Reasonable Person
E. Beware Mistakes that Bind
Chapter 8 – Duress and Fraud
*Learning Objectives: 1) Describe what things make a contract illegal 2) Define duress and undue influence 3) Describe the difference between fraud and a mistake 4) Understand how situational changes can affect a contract.
A. Illegal Contracts
Chapter 9 – Breach of Contract
*Learning Objectives: 1) Understand how the statute of limitations for malpractice and the statute of repose works for contractors 2) Identify the positive and negative forms of contracts 3) Appreciate the need to read the entire document and get all agreements in writing.
A. Time Limits
B. Form Contracts
C. Fine Print
D. Get it in Writing
E. Stopping Work Before a Dispute
F. Excluding Work from a Contract
Chapter 10 – Home Solicitation Act
*Learning Objectives: 1) Explain what a home solicitation sale is, and what sales are not covered by the Home Solicitation Act 2) Be able to calculate the right-to-revoke period 3) Understand what needs to be included with every contract covered by the Home Solicitation Act 4) Describe what happens if the customer cancels the contract.
A. What’s Covered
Chapter 11 – Home Improvement Act
*Learning Objectives: 1) Know what the requirements of the Gift Promotion Act are 2) Understand when Truth-in-Lending will affect your agreement 3) Describe the Home Improvement Finance Act 4) Define the Owner Built Residence Transfer Act.
A. Gift Promotion Act
B. Truth in Lending Act
C. Home Improvement Finance Act
D. Owner Built Transfer Act
Chapter 12 – Insurance, Risk and Liability
*Learning Objectives: 1) Describe a contractor’s risk exposure and how to manage it 2) Identify what builders’ risk insurance covers 3) List the kinds of property insurance available to contractors 4) Understand liability insurance.
A. Risk Management
B. Builder’s/Property Insurance
C. Liability Insurance
Chapter 13 – Workers’ Compensation
*Learning Objectives: 1) Describe how construction bonds work 2) Distinguish who is required to carry workers’ compensation insurance, and who can be excluded from that requirement 3) List the classifications of an independent contractor.
A. Surety Bonds
B. Workers’ Compensation
C. Independent Contractors
Chapter 14 – How to Write a Contract
*Learning Objectives: Using your own company, create a contract making sure to include all elements learned within the course.
Florida Required Competency
This six hour internet course fulfills the continuing education requirements outlined by 61G4-18.001 for Workplace Safety, Business Practices (Lien Law), Workers’ Compensation, Construction Laws and Rules and Wind Mitigation methodologies. Individual chapter descriptions below outline subjects, topics and subtopics covered.
Learning objectives are provided to facilitate student understanding and progress. Informal progress checks throughout the module help students review and measure their understanding of the material.
Chapter 1 – Workplace Safety (60 minutes). This 1 hour chapter describes the most pertinent aspects of jobsite safety regulations. Beginning with OSHA regulations surrounding proper recordkeeping and general first aid and sanitary provisions, the course continues with the fundamental requirements of Personal Protective Equipment, Fall Protection, Tool Safety, Stairway and Ladder Safety, and Excavation requirements. Finally, a comprehensive module on asbestos and lead remediation covers the safe handling of asbestos and lead based materials.
*Learning Objectives: 1) Describe the causes of the most common workplace injuries 2) Name the Personal Protective Equipment (PPE) most often used to protect workers 3) Describe methods of fall protection available to workers 4) Gain a basic understanding of Lead Remediation. The topids covered are:
A. Health Regulations and Recordkeeping, Postings, Competent Person.
B. General Interpretations: Rules, First Aid, Material Safety Data Sheets, Sanitation, Illumination
C. Personal Protective Equipment, Fire Prevention, Signs, Signals, Barricades, Material Handling
D. Tools: Hand and Power
F. Fall Protection: Systems Criteria and Practices
G. Excavations, Concrete/Masonry, Steel Erection, Stairs/Ladders
H. Hazard Communication
I. Egress and Fire Protection
J. Asbestos and Lead Safe Handling Practices
Chapter 2 – Workers’ Compensation (60 minutes). Employers in Florida are required by law to pay for the medical treatment and lost wages of employees who are injured on the job or suffer a job-related illness. The underlying principle is that employers must assume the costs of injuries, illnesses and deaths that occur on the job. In Florida, workers’ compensation is regulated by the Department of Financial Services and the Office of the Judges of Compensation Claims, and enforced by the Florida Division of Workers’ Compensation. This 1 hour chapter describes the rules and responsibilities of employers in complying with Florida Workers’ Compensation laws.
*Learning Objectives: 1) Identify the laws and regulations of Florida Workers’ Compensation 2) Understand the process of claim reporting 3) Explain the best ways to manage workers’ compensation costs. The topics covered are:
A. Workers’ Compensation overview, responsible state entities, four components of WC: medical expenses, disability pay, vocational rehabilitation and benefits to dependents.
B. Florida Rules and Regulations, postings, key coverage requirements, exemptions, penalties.
C. Enforcement and Authority, failure to comply, Stop Work Orders.
D. Injury and Illness Reporting, the Benefit Delivery Process and mediation and hearing procedures.
E. Managing Claims and Costs of WC, workplace safety programs and incentives.
F. Frequently Asked Questions
Chapter 3 – Florida Construction Statutes and Rules (120 minutes). This 2 hour chapter will provide builders with an understanding of the Florida construction statutes and rules as they pertain to the industry. Students will be able to define the powers and duties of the various departments, boards and agencies that make up the Florida Department of Business and Professional Regulation. The rules, penalties and fines surrounding the construction industry are outlined, as are the licensing procedures and requirements. Being familiar with these regulations allows contractors to better operate within the boundaries of the law, and to fulfill their responsibilities to employees, customers and the government.
*Learning Objectives: 1) Define the powers and duties of the Construction Industry Licensing Board 2) Describe the rules, penalties and fines as they pertain to the regulations surrounding the building and construction industry 3) Understand the licensing procedures and requirements for contractors 4) Describe continuing education requirements 5) Explain how complaints/hearings are handled by the State. The topics covered are:
A. Purpose, Definitions and Exemptions
B. The Construction Industry Licensing Board: members, authority, fees and examination.
C. Qualifications for licensure: certification, registration, workers’ compensation.
D. Renewals and continuing education. Inactive and delinquent status.
E. Business entities and Qualifying agents.
F. Prohibitions and penalties. Disciplinary proceedings.
G. Homeowner’s Recovery Fund.
Chapter 4 – Florida Lien Law (60 minutes). A lien is a specific legal process that can be used by contractors and others as a lawful remedy for securing payment for labor or materials that have been used to improve another person’s property. Lien laws are also designed to give protection to laborers and material suppliers in the event of default by the contractor or property owner. Unfortunately, many contractors, subcontractors and material suppliers do not understand the importance of filing the proper documents at the correct time–therefore forfeiting their chances of recovery. This 1 hour chapter outlines the documents required, and the order in which they must be submitted in order to protect the claimant’s rights.
*Learning Objectives: 1) Explain how lien laws protect the rights and interests of both the builder and the consumer 2) Define what a lien is, as well as how and when a lien should be filed 3) Understand both owner and contractor time limitations for filing and preserving lien supporting documents and lien rights. The topics covered are:
A. What is a lien and who is entitled to file?
B. Notice of Commencement: who files, when should the NOC be filed? What must be included in the NOC?
C. Contractor List: what is it? And when must it be furnished, to whom?
D. Notice to Owner: who sends the NTO, and what information does it provide?
E. Contractor Payment Affidavit: what does this document state? When must it be sent, by whom?
F. Claims of Lien: What is it? When must it be filed, and what must it include?
H. Statutes: 713 Part 1
Chapter 5 – Wind Mitigation (60 minutes). This 1 hour chapter describes wind mitigation methodology, comparing the C-brace system and the X retrofittings. The aftermath of past hurricanes in Florida has shown that one of major damaged structural components in residential homes is the gable-end wall or the gable-end truss for timber wall or masonry wall constructions, respectively. As a result, a revised building code, “Standard for Hurricane resistant residential Construction” (SBCCI, 1993, 1999) was developed to require all gable-ends to be designed to resist hurricane force wind. This research investigates two different retrofit systems: (1) X-bracing and (2) C-bracing to determine their structural performance under hurricane wind.
*Learning Objectives: 1) Recognize the need for alternate, lower-cost means to the installation of gable-end bracing 2) Identify new Florida Code requirements that address specific, identified mitigation measures 3) Differentiate between the C-brace system and the X retrofittings. The topics covered are:
A. Florida Statutes 553.844. Windstorm loss mitigation; requirements for roofs and opening protection.
B. Investigation abstract, history and purpose.
C. Methodology, construction of gable end walls, trusses, design
D. Retrofits: X-brace and C-brace
E. Loading and data collection
F. Results and Conclusions
2017 Thermal and Moisture Protection: Keeping the Weather Out
Protecting buildings from the weather and moisture related problems is important for all building professionals. In areas of high rainfall, and in northern climates, it is even more important that designers, builders, and their subcontractors use “Best Practice” procedures to carefully plan and install thermal and weather resistant components. This course, based on the 2017 Florida Building codes, pertains to moisture and weather related problems, and will identify practical solutions based on those requirements. This internet course is intended to provide a minimum of one hour of continuing education to professionals involved in planning, design and construction of structures susceptible to moisture related issues.
METHOD OF PRESENTATION: This distance learning course is formatted specifically for internet delivery. Course presentation will require student participation through an assessment. This method of course presentation assures that student will have direct control of course delivery.
Course material will be presented using multimedia formats, including but not limited to: static text, photos and illustrations. There are no sound or video clips in this course. Additionally, participants will have the opportunity to link to related resource websites and applicable articles. Participants will be able to access instructor support via email (24 hour) and telephone communication (during normal daytime office hours).
After completing this course participants will be able to:
- Summarize the key elements (either natural or mechanical) of a properly ventilated structure.
- List and describe at least three specific installation techniques and/or materials that contribute to a properly constructed roof system.
- Outline at least one design strategy based on “best practices” for the construction of buildings in areas with high humidity.
- Identify and implement proven methods that will effectively divert moisture from the foundation of a structure.
Keeping the Weather Out (3 minutes)
2. Performance Objectives
Foundations (6 minutes)
1. Ensuring a Dry Foundation
c. Dampproofing and Waterproofing
d. Crawl Spaces
e. Gutters and Downspouts
f. Insect Infestation
House Wrap and Underlayment (2 minutes)
1. Definitions and Types
Corrosion and Decay Resistance (2 minutes)
1. Recommendations: Preservative-treated wood and fasteners
The Building Frame (4 minutes)
1. Lumber and Moisture: Negative Effects
2. Foundation to Wall Transition
Siding (18 minutes)
1. Structural Integrity: Code
2. Wood Siding
3. Vinyl Siding
4. Fiber Cement Siding
5. Lap Siding
6. Brick Veneer
7. Exterior Insulation Finishing System and Stucco
Windows and Doors (10 minutes)
3. Windows and Installation
4. Doors and Installation
Roofs (11 minutes)
1. Moisture Penetration
2. Weather Protection
3. Roof Valleys
5. Sheathing and Built up Roofs
Ventilation (7 minutes)
1. Code Requirements
2. Natural Attic Ventilation
3. Doing the Job
4. Installing Rafter Vents
Final Assessment 10 Questions
Social Media Marketing for Construction Trades
Learn the ins and outs of social media marketing from experts that work in both social media and the construction industry. Use these tools and tricks to upgrade your personal and professional profiles, drive leads, and increase business.
Course instructors will be available by email or telephone between 9am and 5pm Eastern Standard Time. They will assist you with questions regarding course content.
If you have any questions, please call us at 1-800-727-7104 or send an email to firstname.lastname@example.org. Email responses will usually be returned promptly, but guaranteed within one business day.