Tuesday, July 23, 2019 | 9:00 a.m. – 12:30 p.m.
| Program Chair: |
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 Robert C. Angelillo |
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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.
Live Program & Webcast: $229 for Members | $329 for Nonmembers
Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2017-2019), In-House/Corporate Counsel, Judges (and their staff who are also members), or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.
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Jeffrey R. Escobar
Norton Rose Fulbright US LLPJoseph P. Hogan, CDT
Vice President – Building Services
AGC NYS, LLCWojciech Jackowski
Offit KurmanSarah Sparer
Associate General Counsel
Skidmore, Owings & Merrill LLPRichard R. Volack
Peckar & Abramson, P.C. -
9:00 am – 9:10 am Welcome & Introduction of Opening Hypothetical
Wojciech Jackowski9:10 am – 9:20 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
Jeffrey Escobar & Richard Volack9:20 am – 9:30 am Using the AIA Family of Documents: Which Form to Use, When to Use Them & Why it Matters
Sarah Sparer & Wojciech Jackowski
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
Sarah Sparer, Jeffrey Escobar & Wojciech Jackowski
10:20 am – 10:25 am Break 10:25 am – 11:15 am Owner/Contractor Agreements - Time/Delay Issues
- Change Orders
- Warranty/Damages
- Liens
- Payment & Performance Bonds/Insurance
- Guarantees
- Termination
- Dispute Resolution
Jeffrey Escobar & Richard Volack
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
Richard Volack & Robert Angelillo
11:55 am – 12:15 pm Overview of Construction Insurance Requirements
Joseph Hogan, Wojciech Jackowski & Jeffrey Escobar12:15 pm – 12:30 pm Panel Discussion Regarding Closing Hypothetical Contract Issues & Questions
Panel -
CLE Credit
New York: 4.0 skills
New Jersey: 4.1 general
California: 4.0 general
Pennsylvania: 3.0 general -
Sponsoring Association Committee:
Construction Law | Robert C. Angelillo, ChairSponsorship Opportunities are Available! Please Contact:
Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org______________________________________________________________