(Webcast) Contracting for the Complex Construction Project- A Roadmap to the Key Clauses You Need to Know

Monday, October 3, 2022 | 9:00 am – 12:30 pm

Program Co-Chairs:
Sarah Sparer
Thompson Hine LLP

Wojciech “Voytek” Jackowski
Offit Kurman

  • Building off the successful Construction Contract 101 series, this advanced program will provide participants, through the use of a series of case studies, simulations and discussions, 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 advanced design and construction 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 identify and understand risks. We will also take a closer look at how to successfully draft and negotiate general conditions for construction from each perspective, as well as transition issues for design professionals and contractors during an ongoing project in terms of liability for prior work, indemnity/hold harmless from use/modifications of old plans, and inspections conducted prior to transitions. 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 its related counterparts, 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 contracts for owners, design, architectural, contractors, CMs or subcontractors, or who litigates construction claims, especially within a setting of large and complex construction projects.

    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
    Locke Lord LLP

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

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

  • 9:00 am – 9:10 am
    Opening Remarks, Panel Introduction & Overview of the Opening Hypothetical: The Dead Project
    Voytek Jackowski & Sarah Sparer

    9:10 am – 9:25 am
    The Method of Project Delivery & Why it Matters from a Transactional Standpoint: Translating the Morass of Design-Bid-Build vs. Design-Build, General Contractor vs. CM at Risk, and Why it Matters
    Jeffrey Escobar, Sarah Sparer & Richard Volack

    9:25 am – 10:15 am
    Owner/Architect Agreements: The Top Provisions that Every Design Professional Must Always Negotiate

    • Why the Design Professional’s Standard of Care Matters: Is It insurable?
    • Termination, Licenses & the Use of the Instruments of Service: Indemnifying
      the Design Professional vs. Paying for the Right to Use
    • Limiting the Design Professional’s Liability So They Aren’t Left Holding the Bag
    • Suspension, Termination, & When it is for Cause vs. Convenience: Choosing the
      Proper Termination Basis
    • Why the Joinder & Consolidation Language Really Matters
    • Transitioning to the New Design Professional: Risks of Taking on Design of a Dead Project

    Jeffrey Escobar, Voytek Jackowski & Sarah Sparer

    10:15 am – 10:25 am

    10:25 am – 11:15 am
    Owner/Contractor Agreements: When the Project Owner’s Key Clauses Are a Non-Started for the Contractor & Vice-Versa

    • When a Termination “for Cause” Can Automatically Revert to “for Convenience”
    • When Letters of Credit are Required in Lieu of Performance & Payment Bonds, &
      Alternate Means of Underwriting Project Performance
    • When an Application for Payment is Really “Approved” by the Project Owner
      & When is Payment really “Prompt” under the Prompt Pay Act
    • Differing Site Conditions & the Standard of “Actual” Knowledge, Discovery &
      vs. What the Contractor Should Have Known or had Constructive Knowledge

    Jeffrey Escobar & Richard Volack

    11:15 am – 11:55 am
    Contractor/Subcontractor Agreements: The Top Protections that Every Subcontractor Should Never Leave on the Table

    • Limiting the Subcontractor’s Damages & Waiving Consequential Damages: Contractually
      Insuring against Paying for Others’ Screw-ups
    • The Best Solution for Late Payment Problems
    • The Importance of Claim Liquidation & Why it is Often Overlooked
    • Why “To the Extent Permitted by Law” is Required to Protect the Subcontractor’s Indemnity Rights
    • Knowing What Is & What Is Not Applicable to the Lower Tiers: The Importance of Incorporation by Reference

    Lisa Y. Colon & Richard Volack

  • New York: 4.0 Skills
    New Jersey: 4.0 General
    California: 4.0 General
    Pennsylvania: 4.0 General
    Connecticut: 3.0 General

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

    Sponsorship Opportunities are Available! Please Contact:
    Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org