Originally held on Tuesday, July 18, 2017 | 9:00 am – 12:30 pm
Program Chair:
Program Chair
Jeffrey R. Escobar
Norton Rose Fulbright US LLP
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Through the use of case studies, real-world examples, and panel discussions, this program comprised of a panel of experienced construction and development attorneys will revisit the successful Construction Contract 101 series and walk participants through an in-depth analysis of the major contracting documents that compromise every construction project, including Owner/Architect agreements, Owner/Contractor agreements and Contractor/Subcontractor agreements. Presented from the specialized perspective of owners, developers, design professionals, primes, construction managers, contractors, subcontractors, legal advisors and others, the panelists will demystify how to quickly identify and understand project risks, highlight the preferred position of each project stakeholder, the best practices for negotiating key provisions favorable to a client’s position, and a proposed real-world resolution.
Who should attend? This seminar would be practical and useful for anyone who prepares construction contracts or who litigates construction claims.
DVDs & CDs: $229 Member | $329Nonmember
On-Demand: $179 Member| $279 Nonmember
Materials Only (No CLE Credit): $99 Member | $129 Nonmember* New York residents will be charged the New York sales tax for all audio visual purchases.
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Todd A. Bakal, Esq.
Bakal Law PLLCWojciech Jackowski, Esq.
Menaker & Herrmann LLPVirginia K. Trunkes, Esq.
Borah, Goldstein, Altschuler, Nahins & Goidel, P.C.Richard R. Volack, Esq.
Peckar & Abramson, P.C. -
9:00 am – 9:10 am Welcome & Introduction of Opening Hypothetical 9:10 am – 9:20 am Using the AIA Family of Documents: Which Form to Use, When to Use Them & Why it Matters 9:20 am – 9:30 am Which Owner Agreement?: Demystifying the Morass of What it Means to be an Owner’s Representative, Construction Manager as Agent, Construction Manager at Risk & General Contractor 9:30 am – 10:20 am Owner/Architect Agreements - Standard of Care
- Scope of Services
- Compensation
- Consultants/LEED Certification
- Intellectual Property/Copyright/Licenses
- Insurance/Indemnification/Liability
- Suspension/Termination/Dispute Resolution
10:20 am – 10:25 am Break 10:25 am – 11:15 am Owner/Contractor Agreements - Change Orders
- Time/Delay Issues
- Warranty/Damages
- Liens
- Payment & Performance Bonds/Insurance
- Guarantees
- Termination
- Dispute Resolution
11:15 am – 11:55 am Contractor/Subcontractor Agreements - Indemnification
- Pay if Paid/Pay when Paid
- Termination
- Lien Waivers
- Consequential Damages
- Change Orders/Claims
- Alternative Dispute Resolution: Arbitration/Mediation
- Insurance Requirements
11:55 am – 12:05 pm The Key Clauses Every Design & Construction Practitioner Must Have on their Radar 12:05 pm – 12:15 pm Changes in the AIA Family of Documents: an Update & Initial Issues of Note, Forecast with Respect to Future Changes to the AIA Documents 12:15 pm – 12:30 pm Construction Caselaw Update: Recent Trends in Construction Law to Take Note of from the Owner, Architect, Contractor & Subcontractor’s Perspectives Panel Discussion Regarding Closing Hypothetical Contract Issues & Questions
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This program provides 4.0 credits in skills for the New York & New Jersey MCLE requirements. California & Pennsylvania credit differs as it is based on a 60-minute credit hour. The live program provided transitional credit to newly admitted attorneys; the recording does not provide transitional credit.
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Sponsoring Association Committee: Construction Law Committee|Virginia K. Trunkes
Sponsorship Opportunities are Available! Please Contact:
Maricela Alfonso| Membership and CLE Relations Associate| (212) 382-6608 | MAlfonso@nycbar.org
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