Individual Viewer

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

Length: 3 hours 28 minutes

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 revisit the successful Construction Contract 101 series and walk participants through an in-depth analysis of the major contracting documents that compromise every construction project, including Owner/Architect agreements, Owner/Contractor agreements and Contractor/Subcontractor agreements.  Presented form 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. 

Who should attend? This seminar would be practical and useful for anyone who prepares construction contracts or who litigates construction claims.

Program Chair: Jeffrey R. Escobar, Haynes Boone, LLP

CLE credit: New York: 4.0 skills; New Jersey: 4.0 general; California & Pennsylvania: 3.0 general

9:00-9:10 Welcome & Introduction of Opening Hypothetical
Jeffrey R. Escobar

9:10-9:20 Using the AIA Family of Documents: Which Form to Use & When to Use Them
Wojciech Jackowski

9:20-9:30 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
Richard Volack

9:30-10:20 Owner/Architect Agreements
Jeffrey Escobar & Wojciech Jackowski

- Standard of Care
- Scope of Services
- Compensation
- Consultants/LEED Certification
- Intellectual Property/Copyright/Licenses
- Insurance/Indemnification/Liability
- Suspension/Termination/Dispute Resolution

10:20-10:30 Break

10:30-11:20 Owner/Contractor Agreements
Jeffrey Escobar & Richard Volack

- Change Orders
- Time/Delay Issues
- Warranty/Damages
- Liens
- Payment & Performance Bonds/Insurance
- Guarantees
- Termination
- Dispute Resolution

11:20 -12:00 Contractor/Subcontractor Agreements
Jeffrey Escobar & Richard Volack

- Indemnification
- Pay if Paid/Pay when Paid
- Termination
- Lien Waivers
- Consequential Damages
- Change Orders/Claims
- Alternative Dispute Resolution: Arbitration/Mediation
- Insurance Requirements

12:00-12:10 The Key Clauses Every Design & Construction Practitioner Must Have on their Radar
Wojciech Jackowski

12:10-12:20 Panel Discussion re Closing Hypothetical Contract Issues

12:25-12:30 Questions

Produced By:

New York City Bar Association

Course Materials

  • Construction Contracts 101
  • Affirmation of Self-Study