1. 2017 WWEMA Finance & Contract Administration Council Meeting May 17 & 18, 2017 Chicago, Illinois

2. Start-Up, Acceptance, Warranty & Close-Out: Are We There Yet?
Presented By:
Philip E. Beck
Smith, Currie & Hancock LLP
2700 Marquis One Tower
245 Peachtree Center Avenue, N.E.
Atlanta, Georgia
Phone: (404)

3. Start-Up, Acceptance, Warranty & Close-Out

4. How Do You Determine & Document That You Are Done?

5. How Do You Determine & Document That You Are Done?

6. 1 2 3 4 Completion Issues Source of Legal Disputes
Need to Communicate Expectations
Avoiding Surprises
Project Closeout Checklist 1 2
Completion Issues 3 4

7. Project Closeout Checklist
Activities & Events to be Included
Obtaining Buy-In
When Does Acceptance Occur?
When Does Warranty Commence? 1 2
Project Closeout Checklist 3 4

8. Relationship Between Payment & Warranty Obligations

9. Relationship Between Payment & Warranty Obligations
Need to Factor Warranty Into Price
Timing of Payment vs. Warranty Obligations
Don’t “Outkick Your Coverage”
Address Roles & Duties of Other Parties 1 2
Relationship Between Payment & Warranty Obligations 3 4

10. 1 2 3 4 Warranty Issues Implied vs. Express Indemnity Obligations
Scope of Warranty (Length & Limitations)
Limitations of Liability 1 2
Warranty Issues 3 4

11. 1 2 3 4 Key Milestones Contract Substantial & Final Completion
Project Substantial & Final Completion
Punchlist
Start-Up & Commissioning 1 2
Key Milestones 3 4

12. Key Milestones (cont’d)
Acceptance (& Ramifications Thereof)
Commencement of Warranty
End of Warranty (& Effect of Warranty Work)
Statutes of Limitations & Statutes of Repose 1 2
Key Milestones (cont’d) 3 4

13. Other Factors to Consider
The Roles & Responsibilities of Other Parties
Contractor’s Installation
Owner’s Operation & Maintenance
Other External Factors 1 2
Other Factors to Consider 3 4

14. Achieving Completion

15. ACTIVELY MANAGING THE RISK OF ILL-DEFINED CONTRACT COMPLETION
Define & Align xxPExpectations
Develop Closeout Checklist
Manage Closeout Process

16. Questions & Answers:

17. THANK YOU FOR YOUR TIME! Philip E. Beck (404) 582-8028