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Construction Contracts 201: Contracting for the Complex Construction Project- A Roadmap to the Key Clauses You Need to Know

Length: 3 hours 20 minutes

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 10 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/or 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.

Who should attend? This seminar would be practical and useful for anyone who prepares construction contracts or who litigates construction claims, especially those who documents and negotiates large and complex construction projects.

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

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


9:00 a.m. - 9:05 a.m. Welcome & Introduction of Hypothetical
Jeffrey R. Escobar

9:05 a.m. - 9:15 a.m. 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, and Why it Matters
Richard Volack & Todd Bakal

9:15 a.m. - 9:25 a.m. Using the AIA Family of Documents and A201-2007 General Conditions:
Which Form to Use and When to Use Them
Wojciech Jackowski

9:25 a.m. - 10:05 a.m. Owner/Architect Agreements: The Top Three Provisions that
Every Design Professional Must Negotiate
Wojciech Jackowski & Jeffrey Escobar

10:05 a.m. - 10:15 a.m. Break

10:15 a.m. - 10:55 a.m. Owner/Contractor Agreements: When the Builder’s Top Four Key Clauses Are a Non-Starter for the Project Owner
Richard Volack & Jeffrey Escobar

10:55 a.m. - 11:35 a.m. Contractor/Subcontractor Agreements: The Top Three Protections that Every Subcontractor Should Never Leave on the Table
Richard Volack & Todd Bakal

11:35 a.m. - 12:15 p.m. Recap: The Top 10 Key Clauses Every Design and Construction Practitioner Must Know
Wojciech Jackowski & Todd Bakal

12:15 p.m. - 12:25 p.m. Discuss Hypothetical Contract Issues

12:25 p.m. - 12:30 p.m. Questions

Produced By:

New York City Bar Association

Course Materials

  • Construction Contracts 201
  • Affirmation of Self-Study