Originally held on Wednesday, April 20, 2016| 9:00 am – 12:30 pm
PROGRAM CHAIR
Jeffrey R. Escobar
Haynes and Boone, LLP
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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.
DVDs & CDs: $229 Member | $329 Nonmember
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 purchase.
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Todd A. Bakal
Law Office of Todd A. BakalWojciech Jackowski
Menaker & Herrmann LLPRichard R. Volack
Peckar & Abramson, P.C. -
9:00 am – 9:05 am Welcome & Introduction of Opening Hypothetical: The Dead Project Jeffrey R. Escobar
9:05 am – 9:15 am The Method of Project Delivery & Why it Matters from a Transactional Standpoint:
Translating the Morass of Design-Bid-Build vs. Design-Build, General Contractor vs.
CM at Risk, and Why it MattersTodd Bakal & Richard Volack9:15 am – 9:25 am Using the AIA Family of Documents & A201-2007 General Conditions:
Which Form to Use & When to Use ThemWojciech Jackowski9:25 am – 10:15 am Owner/Architect Agreements: The Top Profisions that Every Design Professional
Must Always Negotiate- Why the Design Professional’s Standard of Care Matters: Is It insurable?
- Termination, Licenses & the Use of the Instruments of Service: Indemnifying
the Design Professional vs. Paying for the Right to Use - Limiting the Design Professional’s Liability So They Aren’t Left Holding the Bag
- Suspension, Termination, & When it is for Cause vs. Convenience: Choosing the
Proper Termination Basis - Why the Joinder & Consolidation Language Really Matters
- Transitioning to the New Design Professional: Risks of Taking on Design of a Dead Project
Jeffrey Escobar & Wojciech Jackowski
10:15 am – 10:25 am Break 10:25 am – 11:15 am Owner/Contractor Agreements: When the Project Owner’s Key Clauses Are a
Non-Started for the Contractor & Vice-Versa- When a Termination “for Cause” Can Automatically Revert to “for Convenience”
- When Letters of Credit are Required in Lieu of Performance & Payment Bonds, &
Alternate Means of Underwriting Project Performance - When an Application for Payment is Really “Approved” by the Project Owner
& When is Payment really “Prompt” under the Prompt Pay Act - Differing Site Conditions & the Standard of “Actual” Knowledge, Discovery &
vs. What the Contractor Should Have Known or had Constructive Knowledge
Jeffrey Escobar & Richard Volack
11:15 am – 11:55 am Contractor/Subcontractor Agreements: The Top Protections that Every Subcontractor
Should Never Leave on the Table- Limiting the Subcontractor’s Damages & Waiving Consequential Damages: Contractually
Insuring against Paying for Others’ Screw-ups - The Importance of Claim Liquidation & Why it is Often Overlooked
- Why “To the Extent Permitted by Law” is Required to Protect the Subcontractor’s Indemnity Rights
- Knowing What Is & What Is Not Applicable to the Lower Tiers: The Importance of Incorporation by Reference
Todd Bakal & Richard Volack
11:55 am – 12:15 pm Recap: The Key Clauses Every Design & Construction Practitioner Must Know & Horror Stories When Failing to Do So Panel
12:15 pm – 12:25 pm Panel Discussion re Closing Hypothetical Contract Issues Panel
12:25 pm – 12:30 pm Question & Answer Panel Panel
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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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Click Here to View our Catalog for On-Demand Programs
Click Here to View our Catalog for CDs, DVDs, and Materials
* New York residents will be charged the New York sales tax for all audio visual purchase.
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Sponsoring Association Committee:
Construction Law Committee | Virginia K. Trunkes, ChairSponsorship Opportunities are Available! Please Contact:
Maricela Alfonso, Membership and CLE Relations Associate | (212) 382-6608 | MAlfonso@nycbar.org____________________________________________________________________________________________