Originally held on Thursday, March 14, 2019 | 9:00 a.m. – 12:30 p.m.
Building off the successful Construction Contracts 101 series, this advanced program will provide participants 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 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 successfully draft and negotiate general conditions for construction from each perspective. 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 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.
OnDemand: $179 for Members | $279 for Nonmembers
Members who are Recent Law Graduates (not yet admitted), Newly Admitted Lawyers, In-House/Corporate Counsel, Judges (and their staff), or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.
Todd A. Bakal
Bakal Law PLLC
Jeffrey R. Escobar
Norton Rose Fulbright US LLP
Wojciech (“Voytek”) Jackowski
Offit Kurman, P.A.
Associate General Counsel
Skidmore, Owings and Merril LLP
Richard R. Volack
Peckar & Abramson, P.C.
9:00 am – 9:05 am Welcome, Introduction of Panel & Program Overview 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 versus Design-Build, General Contractor versus CM at Risk, & Why it Matters 9:15 am – 9:25 am Using the AIA Family of Documents & A201-2007 General Conditions: Which Form to Use & When to Use Them 9:25 am – 10:15 am Owner/Architect Agreements: The Top Provisions that Every Design Professional Must Negotiate
- 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 am – 10:25 am Break 10:25 am – 11:15 am Owner/Contractor Agreements: When the Project Owner’s Key Clauses Are a Non-Starter for the Contractor & Vice-Versa
- 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 am – 11:55 am Contractor/Subcontractor Agreements: The Top Protections that Every Subcontractor Should Never Leave on the Table
- 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 am – 12:25 pm Construction Caselaw Update Discussion: Recent Trends in Construction Law to Take Note from the Owner, Architect, Contractor & Subcontractor’s Perspectives 12:25 pm – 12:30 pm Q & A
New York: 4.0 skills
New Jersey: 4.0 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 Committees:
Construction Law | Robert C. Angelillo, Chair
Sponsorship Opportunities are Available! Please Contact:
Angie Avila, Membership Outreach and Sponsorships Manager | (212) 382-6608 | firstname.lastname@example.org