(Webcast) Construction Contracts 101: Demystifying Design & Construction Contracts for the Successful Project

Tuesday, January 25, 2022 | 9:30 am – 1:15 pm

Program Chair:
Sarah Sparer
Thompson Hine 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.

    Program Fee:
    $229 for Members | $329 for Nonmembers

    Members who are Law Students, Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2019-2021), In-House/Corporate Counsel, Judges, and attorney members who practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Lisa Colon
    Saul, Ewing, Arnstein & Lehr LLP

    Jeffrey R. Escobar
    Dorsey & Whitney LLP

    Joseph P. Hogan
    Vice President-Building Services
    Associated General Contractors of New York State, LLC 

    Wojciech Jackowski
    Offit Kurman

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

  • 9:30 am – 9:40 am
    Welcome & Introduction of Opening Hypothetical
    Sarah Sparer

    9:40 am – 9:55 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

    9:55 am – 10:10 am
    Using the AIA Family of Documents: Which Form to Use, When to Use Them & Why it Matters              
    Sarah Sparer & Wojciech Jackowski

    10:10 am– 11:00 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

    11:00 am – 11:15 am
    Break

    11:15 am – 12:05 pm
    Owner/Contractor Agreements        

    • Change Orders
    • Time/Delay Issues
    • Warranty/Damages
    • Liens
    • Payment & Performance Bonds/Insurance
    • Guarantees
    • Termination
    • Dispute Resolution
      Jeffrey Escobar & Richard Volack 

    12:05 pm – 12:40 pm
    Contractor/Subcontractor Agreements                

    • Indemnification
    • Termination
    • Lien Waivers
    • Consequential Damages
      Richard Volack & Lisa Colon

    12:40 pm – 1:05 pm
    COVID-19, Force Majeure, Shortages, Disruptions
    Joseph Hogan, Wojciech Jackowski & Jeffrey Escobar

    1:05 – 1:15 pm
    Question/Answer Session
    Panel

  • New York: 4.0 Skills
    New Jersey: 4.2 General
    California: 4.0 General
    Pennsylvania: 3.5 General
    Connecticut: Available to Licensed Attorneys

  • Sponsoring Association Committee:
    Construction Law, Sarah G. Sparer, Chair

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