Mastering 30(b)(6) in Construction Disputes: Plaintiff and Defense Guidance to Neutralize Risk and Maximize Impact
Andrew Gibson is a construction business litigator who helps his clients build successful projects and negotiate and resolve disputes. A partner in Stoel Rives’ Real Estate, Construction, and Design Practice, Andrew drafts and negotiates all forms of project documents, from the design phase through construction, and regularly navigates clients through the tricks and traps of contracting and insurance coverage issues.
Trey Eckloff is a civil litigator in Colorado whose practice is focused on the construction and real estate industries as well as other commercial disputes and general business representation. Trey has led multiple cases through trial and into subsequent appeals.
2 hour CLE
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Program Summary
Session I – Corporate Designee Depositions in Construction Disputes – Andrew Gibson
This session is tailored for construction and design attorneys, while also offering valuable insights for in-house counsel, transactional practitioners, and litigators, covering the legal tips and pitfalls of Federal Rule of Civil Procedure 30(b)(6) depositions. Whether addressing the issue proactively in contract dispute provisions, strategically noticing and scheduling the topics, or navigating the real time drama at the deposition, this session aims to provide practical tools to aid the construction company or client.
Key topics to be discussed:
- Addressing discovery issues in construction contracts
- Unique challenges for corporate designees in construction litigation
- Crafting the most useful deposition notices, sequence and timing
- Meet-and-confer obligations and best practices
- Tips and traps re selecting the correct corporate designee(s)
- Effective selection and use of exhibits
- Managing and defending against objections
- Addressing issues when a corporate witness is unprepared
Session II – Speaking for the Construction Entity: Effective 30(b)(6) Defense Tactics – Trey Eckloff
This session offers a practical playbook for defending a Federal Rule of Civil Procedure 30(b)(6) deposition in the context of construction law and the defense of construction professionals. From the moment your client receives the deposition notice through the conclusion of the deposition, this session walks through key strategic considerations. These include objecting to improper topics, selecting and preparing the right witness(es), managing witness and attorney preparations, and navigating common pitfalls during testimony. Whether you’re defending a corporate client for the first time or looking to sharpen your approach, this session will equip you with effective, ethical tactics to ensure a strong, defensible record.
Key topics to be discussed:
- Evaluating and objecting to a 30(b)(6) notice served on entity
- Selecting the best witness
- Preparing the witness and yourself for success at the deposition
This course is co-sponsored with myLawCLE.
Closed-captioning available
Speakers
Andrew Gibson | Stoel Rives LLP
Andrew Gibson is a construction business litigator who helps his clients build successful projects and negotiate and resolve disputes. A partner in Stoel Rives’ Real Estate, Construction, and Design Practice, Andrew drafts and negotiates all forms of project documents, from the design phase through construction, and regularly navigates clients through the tricks and traps of contracting and insurance coverage issues.
Licensed in California, Oregon, and Washington, Andrew is a veteran of all formal legal proceedings and has successfully pursued construction defect claims, delay claims, insurance and bond claims, bid protests, mechanic’s liens, real estate disputes, and collection actions through mediation, arbitration, and litigation.
Trey Eckloff | Montgomery Little & Soran, PC
Trey Eckloff is a civil litigator in Colorado whose practice is focused on the construction and real estate industries as well as other commercial disputes and general business representation. Trey has led multiple cases through trial and into subsequent appeals. Trey is licensed to practice in state and federal courts in Colorado, Arizona, and Wyoming as well as the Tenth Circuit Court of Appeals.
Agenda
Session I – Corporate Designee Depositions in Construction Disputes | 1:00pm – 2:00pm
- Addressing discovery issues in construction contracts
- Unique challenges for corporate designees in construction litigation
- Crafting the most useful deposition notices, sequence and timing
- Meet-and-confer obligations and best practices
- Tips and traps re selecting the correct corporate designee(s)
- Effective selection and use of exhibits
- Managing and defending against objections
- Addressing issues when a corporate witness is unprepared
Break | 2:00pm – 2:10pm
Session II – Speaking for the Construction Entity: Effective 30(b)(6) Defense Tactics | 2:10pm – 3:10pm
- Evaluating and objecting to a 30(b)(6) notice served on entity
- Selecting the best witness
- Preparing the witness and yourself for success at the deposition
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