Draft and Negotiate Fair and Reasonable Contracts
Do you have the drafting skills to successfully allocate risk and prevent future disputes with key contract provisions? Are you up to date on the most recent standard form changes? This information-packed program covers everything from construction contract fundamentals and recent developments to drafting and negotiating techniques. You'll gain the knowledge and practical tools you need to protect your party's interests and create a fair and reasonable construction agreement. Register today!
- Be prepared to confidently handle your next construction contract with a thorough understanding of legal principles, inherent risks and form options.
- Stay up-to-date on the most recent changes to standard form documents and industry trends affecting construction contract provisions.
- Draft often-overlooked, key provisions that prevent future disputes and provide remedies.
- Successfully negotiate critical contract points to protect your party's interests.
- Avoid ambiguous contract language that provides ammunition for potential claims.
- Know how to handle a threat of contract termination in order to avoid costly mistakes.
10:00 am to 5:00 pm Eastern Standard Time
- Overview of Construction Contract Law
10:00 - 10:30, John E. Machulak
- The Law of Contracts
- Recent Developments
- Relevant Case Law
- Inherent Risks
10:30 - 11:15, Stephen P. Laitinen
- Parties' Responsibilities and Risks
- Implied or Factual Obligations
- Rules for Contract Interpretation: Intent and Context
- Most Commonly Misinterpreted Clauses
- How AIA Documents Differ from ConsensusDocs
- Budgets, Estimates and Cost Control
- Drafting Construction Contracts
11:30 - 12:30, John E. Machulak
- Types of Contracts: Which One is Right for You?
- Resolving Inconsistencies, Contradictions and Ambiguities in Contract Language
- Understanding "Waiver of Subrogation" and its Contractual Effect on Lower Tier Subcontractors
- What Documents to Include in Contracts
- How Contracts Differ for Different Project Delivery Methods
- Different Types
- AIA Form Contracts
- Lump Sum or Fixed Price
- Cost Plus Contracts
- Time and Material Contracts
- Key Provisions to Prevent Disputes and Provide Remedies
1:00 - 2:00, Stephen P. Laitinen
- Site Conditions
- Completion of the Work - Timeframe
- Insurance and Bonds
- Dispute Resolution
- Negotiating the Contract
2:00 - 2:45, John E. Machulak
- The Top Contract Terms to Negotiate
- Effective Negotiation Techniques
- Communication Between Parties: Documentable Means and the Uniform Electronic Transactions Act Construction Contract Lawsuits/Disputes
- Termination of Contract
3:00 - 4:00, Stephen P. Laitinen
- Handling Threats of Contract Termination
- Termination for Default
- Termination for Convenience
- Wrongful Termination
- Steps to Proper Termination
- Available Remedies or Damages
- Ethical Considerations
4:00 - 5:00, Stephen P. Laitinen
- Conflicts of Interest
- Disclosure During Negotiations
- Communication of Risk Transfers
- Attorneys' Fees
This program covers construction contract fundamentals for attorneys. It may also benefit paralegals and construction executives.