Originally held on Tuesday, July 17, 2018 | 9:00 a.m. – 12:30 p.m.
Program Chair: |
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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 walk participants through an in-depth analysis of the major contracting documents that comprise 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. This program will wrap up with an update on the current legal trends, recent decisions, important updates to AIA documents and coming legal challenges affecting the construction industry, and how to resolve these issues in your daily practice.
Who should attend? This seminar would be practical and useful for anyone who drafts design and construction contract documents or who litigates construction claims arising out of a construction project.
OnDemand: $179 for Members | $279 for Nonmembers
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Robert C. Angelillo
Arkin Solbakken LLPJeffrey R. Escobar
Norton Rose Fulbright US LLPSarah Sparer
Skidmore Owings & Merrill LLPRichard R. Volack
Peckar & Abramson, P.C. -
9:00 a.m. – 9:10 a.m. Welcome & Introduction of Opening Hypothetical Wojciech Jackowski
9:10 a.m. – 9:20 a.m. 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 Jeffrey Escobar & Richard Volack
9:20 a.m. – 9:30 a.m. Using the AIA Family of Documents:
Which Form to Use, When to Use Them & Why it MattersSarah Sparer & Wojciech Jackowski9:30 a.m. – 10:20 a.m. Owner/Architect Agreements - Standard of Care
- Scope of Services
- Compensation
- Consultants/LEED Certification
- Intellectual Property/Copyright/Licenses
- Insurance/Indemnification/Liability
- Suspension/Termination/Dispute Resolution
Sarah Sparer, Jeffrey Escobar & Wojciech Jackowski
10:20 a.m. – 10:25 a.m. Break 10:25 a.m. – 11:15 a.m. Owner/Contractor Agreements - Change Orders
- Time/Delay Issues
- Warranty/Damages
- Liens
- Payment & Performance Bonds/Insurance
- Guarantees
- Termination
- Dispute Resolution
Jeffrey Escobar & Richard Volack
11:15 a.m. – 11:55 a.m. 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
Richard Volack & Robert Angelillo
11:55 a.m. – 12:05 p.m. Changes in the AIA Family of Documents: an Update & Issues of Note After Last Year’s Changes to the AIA Documents Panel
12:05 p.m. – 12:15 p.m. Construction Caselaw Update: Recent Trends in Construction Law to Take Note of from the Owner, Architect, Contractor & Subcontractor’s Perspectives Panel
12:15 p.m. – 12:30 p.m. Panel Discussion Regarding Closing Hypothetical Contract Issues & Questions Panel
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CLE Credit
NY: 4.0 skills
NJ: 4.1 general MCLE
CA: 3.0 general MCLE
PA: 3.0 general MCLE -
Sponsoring Association Committee: Construction Law Committee | Virginia K. Trunkes, Chair
Sponsorship Opportunities are Available! Please Contact:
Kim Howard, Manager of Membership & Marketing | (212) 382-6753 | KHoward@nycbar.org______________________________________________________________