May 19, 2017| 9:00 am – 12:30 pm
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 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. The program will wrap up with an update on the current legal trends, recent touchstone decisions, and coming legal challenges affecting the construction industry and its related counterparts, and how to best tackle these challenges when you come up against them in your practice.
Who should attend? This seminar would be practical and useful for anyone who prepares design, architectural and/or construction contracts or who litigates construction claims, especially those who document and negotiate large and complex construction projects.
Live Program/Webcast: $229 Member | $329 Nonmember
Todd A. Bakal
Bakal Law PLLC
Menaker & Herrmann LLP
Richard R. Volack
Peckar & Abramson, P.C.
9:00-9:05 am Welcome & Introduction of Opening Hypothetical:
Reviving the Dead Project
Jeffrey R. Escobar
9:05-9:15 am 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, & Why it Matters
Richard Volack & Todd Bakal
9:15-9:25 am Using the AIA Family of Documents & A201-2007 General Conditions: Which Form to Use & When to Use Them
9:25-10:15 am Owner/Architect Agreements:
The Top Provisions that Every Design Professional Must Negotiate
Wojciech Jackowski & Jeffrey Escobar
- Transitioning to the New Design Professional: Risks of Taking on Prior Designs of a Project
- Why the Design Professional’s Standard of Care matters: Is It insurable?
- 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.
10:15-10:25 am Break 10:25-11:15 am Owner/Contractor Agreements:
When the Project Owner’s Key Clauses Are a Non-Started for the Contractor & Vice-Versa
Richard Volack & Jeffrey Escobar
- Differing Site Conditions and the Standard of “actual” knowledge, discovery and versus what the Contractor should have known or had constructive knowledge.
- What Standard of Care?: When the Builder Unknowingly Agrees to Own Design Intent (and liability to construction defect claims).
- Underwriting Project Performance: are Letters of Credit and alternate means of underwriting project performance to replace Performance and Payment Bonds?
- Who Owns the Contingency?: Defining and Limits So It’s Not a Well for Change Orders
11:15-11:55 am Contractor/Subcontractor Agreements:
The Top Protections that Every Subcontractor Should Never Leave on the Table
Richard Volack & Todd Bakal
- Knowing What Is and What Is Not Applicable to the Lower Tiers: The Importance of Incorporation by Reference
- Why “To the Extent Permitted by Law” is required to protect the Subcontractor’s indemnity rights.
- 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.
11:55-12:15 pm Construction Caselaw Update Discussion: Recent Trends in Construction Law to Take Note from the Owner, Architect, Contractor & Subcontractor’s Perspectives
12:15-12:25 pm Panel Discussion re Closing Hypothetical Contract Issues
NY: 4.0 Skills
NJ: 4.0 General
CA: 4.0 General
PA: 3.0 General
Sponsoring Association Committee:
Construction Law Committee | Virginia K. Trunkes, Chair
Sponsorship Opportunities are Available! Please Contact:
Maricela Alfonso, Membership and CLE Relations Associate | (212) 382-6608 | MAlfonso@nycbar.org