Construction Contracts 101: Demystifying Design & Construction Contracts for the Successful Project

Originally held on Tuesday, July 23, 2019 | 9:00 a.m. – 12:30 p.m.

Program Chair:

Robert C. Angelillo
Arkin Solbakken LLP

  • 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

    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.

  • Jeffrey R. Escobar
    Norton Rose Fulbright US LLP

    Joseph P. Hogan, CDT
    Vice President – Building Services
    AGC NYS, LLC

    Wojciech Jackowski
    Offit Kurman

    Sarah Sparer
    Associate General Counsel
    Skidmore, Owings & Merrill LLP

    Richard R. Volack
    Peckar & Abramson, P.C.

  • 9:00 am – 9:10 am Welcome & Introduction of Opening Hypothetical
    Wojciech Jackowski
    9:10 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 Volack
    9:20 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 Escobar
    12:15 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:
    3.0 general
    Pennsylvania:
     3.0 general

    Please Note: Newly admitted NY attorneys cannot fulfill ethics or skills credits through our on-demand programs under OCA rules. For more information on this, please see http://www.nycourts.gov/attorneys/cle/changes_for_2016.shtml.

  • Sponsoring Association Committee:
    Construction Law | Robert C. Angelillo, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org

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