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Ensure Contracts Shield Your Clients When Disputes Arise

Disputes are a constant specter on any construction project, but a well-drafted contract can stop them in their tracks. Do you have the skills you need to effectively anticipate disputes and incorporate contract language that mitigates their impacts? Attend this comprehensive program on defensive construction contract drafting and get the skills you need to ensure contracts serve as your clients' best defense when disputes arise. Register today!

  • Fortify contract language and provisions in ways that protect clients and prevent disputes.
  • Ensure indemnity and insurance provisions are clearly worded and legally valid.
  • Get essential defensive drafting pointers for lump sum, cost plus and other common contracts.
  • Customize industry form contracts in ways that mitigate the impacts of litigation.
  • Review contracts other attorneys draft and spot red flags that spell trouble for your client.

All times are shown in Eastern time

  1. Getting Started: Construction Contract Drafting Essentials
    10:00 - 10:45, Luke Maher and Timothy J. Walsh
    1. Mitigating Risk
    2. Defining Potential Problems
    3. Structuring Relationships Between Parties
    4. Dangers of One-Sided Contracts
    5. Prime Contracts vs. Subcontracts
  2. Crafting Contract Provisions to Prevent Disputes
    10:45 - 11:45, Luke Maher and Timothy J. Walsh
    1. Payment Schedules and Non-Payment
    2. Change Order Requests
    3. Deficient Plans and Specifications
    4. Delays and Responsibilities
    5. Subcontractor Coordination and Sequencing
    6. Licensing Requirements
    7. Project Termination
    8. Addressing Damages
  3. Drafting Indemnity and Insurance Provisions: With Examples
    12:00 - 1:00, Luke Maher and Timothy J. Walsh
    1. When is Indemnity Illegal?
    2. Proper Scope of Indemnity Provisions
    3. Avoiding Ambiguous Language
    4. Mitigating Conflicts With Other Contract Provisions
    5. Insurability of Indemnity Provisions
    6. Coordination With Insurance Documentation
  4. Defensive Drafting Techniques for Different Types of Contracts
    1:30 - 2:15, Luke Maher and Timothy J. Walsh
    1. Lump Sum Contracts
    2. Cost Plus Contracts
    3. Time and Material Contracts
    4. Public Contracts
    5. Teaming Agreements
    6. Unit Pricing Contracts
  5. Customizing Industry Form Contracts to Mitigate Litigation
    2:15 - 3:00, Luke Maher and Timothy J. Walsh
    1. Commonly Used AIA Contracts
    2. ConsensusDocs Contracts
  6. Reviewing Construction Contracts: Spotting Red Flags
    3:15 - 4:00, Luke Maher and Timothy J. Walsh
  7. Construction Contract Ethics
    4:00 - 5:00, Luke Maher and Timothy J. Walsh
    1. Rules of Professional Conduct
    2. Confidential Information of a Client
    3. Scope of Representation
    4. Conflicts of Interest

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