Effectively Negotiate Contentious Contract Elements for Your Clients
While it's true that every construction project is different, effectively negotiated contracts that protect against potentially devastating disputes consistently ensure the best possible outcome for your client, whether they are an owner, a contractor or a subcontractor. This information-packed program covers some of the most hotly negotiated elements of construction contracts from multiple perspectives. You will not only understand what the other side wants when negotiating a contract, but how to use this knowledge to better represent your clients. Gain the knowledge and practical tools you need to protect your client's interests when creating a construction agreement. Register today!
- Effectively negotiate better pay-if-paid clauses by understanding the other side's perspective.
- Evaluate different standard contract change order language and modify it to best benefit your client.
- Recognize potentially harmful indemnity clause language and know how to tailor it to suit your client's best interests.
- Ensure that contracts contain the necessary insurance provisions to protect your clients.
- Find out how AIA mutual consequential damage waivers fall short and also appropriate alternatives to them.
10:00 am to 5:00 pm Eastern Standard Time
- Inherent Risks in Boilerplate Construction Contracts
10:00 - 10:45, Patrick Lee-O'Halloran
- Types of Contracts: Lump Sum, Cost Plus, Etc.
- Responsibilities and Risks
- Implied or Factual Obligations
- How AIA and ConsensusDocs Differ
- Boilerplate Provisions: When to Negotiate and When to Keep
- Recent Developments and Relevant Case Law
- Key Contract Provisions: Spotting and Fixing Boilerplate Dangers
11:00 - 12:00, Patrick Lee-O'Halloran
- Change Order Provisions
- Site Conditions
- Contract Delays
- Completion of the Work - Timeframe
- Indemnity, Insurance and Warranty Boilerplate Clauses: Is Your Client Protected?
12:00 - 1:00, John E. Machulak
- Warranty Provisions: What They Must Contain
- "AS-IS" Warranty Provision Dangers
- Indemnity Clauses: Are They One-Sided?
- Top Risks That Need Indemnification
- Key Wording for Indemnity Clauses: With Examples
- Insurance Clauses: Do They Fit the Deal?
- Boilerplate Damage Provisions: Avoiding Unintended Consequences
1:30 - 2:15, Timothy J. Walsh
- Direct, Incidental and Consequential Damages
- Waivers of Consequential Damage
- Liquidated Damage Clause: Enforceability Essentials
- Drafting and Negotiation Considerations
- Dispute Clause Boilerplate Language: Spotting Pitfalls and Negotiating Them Away
2:15 - 3:00, Timothy J. Walsh
- Choice of Law
- Choice of Forum
- Payment Deadlines and Interest Provisions
- Attorneys' Fees
- Personal Guarantees
- Public Project Contracts: Sidestepping Boilerplate Landmines
3:15 - 4:00, Timothy J. Walsh
- Ethical Considerations
4:00 - 5:00, John E. Machulak
- Conflicts of Interest
- Disclosure During Negotiations
- Communication of Risk Transfers
- Attorneys' Fees
This program is designed for attorneys. Paralegals may also benefit.