Construction Contracts 201: Contracting for the Complex Construction Project- A Roadmap to the Key Clauses You Need to Know

Building off the successful Construction Contract 101 series, this advanced program will provide participants, through the use of a series of case studies, simulations and discussions, with an in-depth roadmap to the 10 key clauses that every design and construction practitioner should understand and know when drafting and documenting a complex construction project. Concentrating on providing remedies to advanced design and construction issues that plague every complex project, the panel will provide key industry insight as to the best practices for negotiating against surprises – all presented from the specialized perspective of owners, developers, design professionals, primes, construction managers, contractors, subcontractors, legal advisors and others. The panel will explain how to identify and understand risks. We will also take a closer look at how to successfully draft and negotiate general conditions for construction from each perspective, as well as transition issues for design professionals and/or contractors during an ongoing project in terms of liability for prior work, indemnity/hold harmless from use/modifications of old plans, and inspections conducted prior to transitions.

Who should attend? This seminar would be practical and useful for anyone who prepares construction contracts or who litigates construction claims, especially those who documents and negotiates large and complex construction projects.

Live Program: $229 Member/$329 Nonmember

Todd A. Bakal, Law Office of Todd A. Bakal

Wojciech Jackowski, Menaker & Herrmann LLP

Richard R. Volack, Peckar & Abramson, PC

9:00 a.m. – 9:05 a.m.         Welcome & Introduction of Hypothetical

Jeffrey R. Escobar

9:05 a.m. – 9:15 a.m.         The Method of Project Delivery & Why it Matters from a Transactional Standpoint:
                                        Translating the Morass of Design-Bid-Build versus Design-Build, General Contractor
                                        versus CM at Risk, and Why it Matters

Todd A. Bakal & Richard R. Volack

9:15 a.m. – 9:25 a.m.         Using the AIA Family of Documents and A201-2007 General Conditions:
                                        Which Form to Use and When to Use Them

Wojciech Jackowski

9:25 a.m. – 10:15 a.m.       Owner/Architect Agreements: The Top Three Provisions that Every Design
                                        Professional Must Negotiate

• Why the Design Professional’s Standard of Care matters: Is It insurable?

• Termination, Licenses and the Use of the Instruments of Service: Indemnifying the Design Professional versus Paying for the Right to Use.

• Limiting the Design Professional’s Liability so they aren’t left holding the bag.

• Suspension, Termination, and when it is for Cause versus Convenience: choosing the proper termination basis.

• Why the Joinder and Consolidation Language Really Matters.

• Transitioning to the New Design Professional: Risks of Taking on Design of a Dead Project

Jeffrey R. Escobar & Wojciech Jackowski

10:15 a.m. – 10:25 a.m.     Break

10:25 a.m. – 11:15 a.m.     Owner/Contractor Agreements: When the Builder’s Top Four Key Clauses Are a
                                        Non-Started for the Project Owner

• When a Termination “for Cause” can automatically revert to “for Convenience”.

• When Letters of Credit are required in Lieu of Performance and Payment Bonds, and alternate means of underwriting project performance.

• When an Application for Payment is really “approved” by the Project Owner and when is payment really “Prompt” under the Prompt Pay Act.

• Differing Site Conditions and the Standard of “actual” knowledge, discovery and versus what the Contractor should have known or had constructive knowledge.

Jeffrey R. Escobar & Richard R. Volack

11:15 a.m. – 11:55 a.m.     Contractor/Subcontractor Agreements: The Top Three Protections that Every
                                        Subcontractor Should Never Leave on the Table

• Limiting the Subcontractor’s Damages and Waiving Consequential Damages: Contractually Insuring against Paying for Others’ Screw-ups.

• The Importance of Claim Liquidation and Why It Is Often Overlooked.

• Why “To the Extent Permitted by Law” is required to protect the Subcontractor’s indemnity rights.

• Knowing What Is and What Is Not Applicable to the Lower Tiers: The Importance of Incorporation by Reference

Todd A. Bakal & Richard R. Volack

11:55 a.m. – 12:15 p.m.    Recap: The Top 10 Key Clauses Every Design and Construction Practicioner Must Know

Todd A. Bakal & Wojciech Jackowski

12:15 p.m. – 12:25 p.m.    Discuss Hypothetical Contract Issues

Panel

12:25 p.m. – 12:30 p.m.    Questions

Panel

New York Credit: 4.0 skills
This program provides transitional/non-transitional credit for all attorneys.
California Credit: 4.0 General MCLE
New Jersey Credit: 4.0 General MCLE
Pennsylvania Credit: 3.0 General MCLE

Sponsoring Association Committee: Construction Law Committee, Terri Matthews, Chair

Sponsorship Opportunities are Available! Please Contact:
Ann Rappleye, Director, City Bar Center for CLE | (212) 382-6606 | ARappleye@nycbar.org or
____________________________________________________________________________________________
Darianne De Leon, Program & Sponsorship Coordinator, City Bar Center for CLE | (212) 382-6731 | ddeleon@nycbar.org