Traditional construction contracts do not work as well as they should to align the parties' interests and clearly define rights and responsibilities. As a consequence, the design and construction process is more dispute prone than it needs to be. This course is designed to give you the tools you need to better negotiate and draft design and construction agreements. You will learn which risk allocation clauses, including the so-called "killer clauses", work and under what circumstances and those that more often prove counter-productive. We will examine such new collaborative contracting models as Integrated Project Delivery (IPD), so as to enable you to choose what aspects of these agreements might assist your clients. We will also look at how to best leverage such new technologies as Building Information Modeling (BIM) to achieve better project outcomes. You will also learn what risks are best handled through insurance and how to draft state-of-the-art insurance and indemnity provisions, including those for such integrated programs as Owner-Controlled Insurance Programs (OCIPs). Innovative dispute resolution approaches will also be examined. This course will give you the tools to advise on many of the new and important developments in construction contracting.
Lecture Topics [Total time 06:22:25]
Segments with an asterisk (*) are available only with the purchase of the entire program.
- Green Design and Green Construction [01:03:26]
Joshua Ballance, Patrick J. O'Connor, Jr.
- Public and Private Partnerships and Public Sector Contracts [01:02:31]
Lewis J. Baker, David J. Hatem
- Key Contracting Issues from the Owner, Designer and Contractor Perspectives [01:15:49]
Jayne A. Czik, Maureen McDonough, Robyn L. Miller, Patrick J. O'Connor, Jr.
- Managing Risk Through Insurance Bonding: New Developments [01:01:04]
Deborah S. Griffin, Patrick J. O'Connor, Jr.
- Managing Delay and Disruption Claims Through Contracts [00:59:26]
Peter C. Halls, Albert Bates, Jr.
- Ethical Concerns for Counsel When Advising a Government Contractor [01:00:09]
Larry D. Harris, Timothy R. Thornton
The purchase price of this Web Program includes the following articles from the Course Handbook available online:
- AIA Sustainable Projects Documents: Managing Roles, Responsibilities and Expectations
Joshua Ballance
- The International Green Construction Code: Questions and Alerts
Timothy R. Twomey
- Defining the Fair Allocation of Risk in Public/Private Partnerships
Lewis J. Baker
- Public-Private Partnerships and Risk Allocation: Theory, Practice and Future Guidance
David J. Hatem
- Ten Industry Transformational Trends
Patrick J. O'Connor, Jr.
- Indemnification
Patrick J. O'Connor, Jr.
- The Trend Towards Public-Private Partnerships, Key Contracting Issues for Contractors and Design Builders--A Practical Guide
Jayne A. Czik
- Key Contracting Issues from the Designer's Perspective
Robyn L. Miller
- Harvard Planning & Project Management Letter Agreement
Maureen McDonough
- Harvard Planning & Project Management Request for Proposals: BIM Implementation Services
Maureen McDonough
- Consultant Agreement
Maureen McDonough
- Consulting Services Agreement (Work Order)
Maureen McDonough
- Criteria for Choosing Between Consenus Docs and AIA Bond Forms or I Don't Want No ConsensusDOCS Bond Form--Or Do I?
Deborah S. Griffin
- Recent Developments in Insurance Law
Patrick J. O'Connor, Jr.
- Managing Delay Claims Through Contracts: How to Draft Contracts to Deal with Scheduling and Delay
Peter C. Halls
- Proactive Project Management: Integrating the Contract Documents with the Owner's Project Control Processes
Albert Bates, Jr.
- Ethical Concerns for Counsel when Advising a Government Contractor
Larry D. Harris
- Ethics for the Lawyer Representing Multiple Interests
Timothy R. Thornton
- Performance and Payment Bonds and Contractor Default Insurance (PowerPoint Slides)
Deborah S. Griffin
- Building Better Construction Contracts: Tailoring Incentives, Creating Collaboration and Developing Effective Risk Allocation (PowerPoint Slides)
Timothy R. Thornton
- Index to Building Better Construction Contracts 2012
Presentation Material
- AIA Sustainable Projects Documents: Managing Roles, Responsibilities and Expectations
Joshua Ballance
- ICC's New International Green Contruction Code
Patrick J. O'Connor, Jr.
- Defining the Fair Allocation of Risk In Public/Private Partnerships
Lewis J. Baker
- Public-Private Partnerships and Risk Allocation: Theory, Practice and Recommendations
David J. Hatem
- Performance and Payment Bonds and Contractor Default Insurance
Deborah S. Griffin
- Recent Developments in Insurance Law
Patrick J. O'Connor, Jr.
- Proactive Project Management: Integrating The Contract Documents with The Owner’s Project Controls
Albert Bates, Jr.
- How to Draft Contracts to Deal with Scheduling and Delay
Peter C. Halls
- Ethical Concerns for Counsel When Advising a Government Contractors
Larry D. Harris
- Building Better Construction Contracts: Tailoring Incentives, Creating Collaboration and Developing Effective Risk Allocation
PLI makes every effort to accredit its On-Demand Web Programs and Segments. Please check the CLE Calculator above for CLE information specific to your state.
On-Demand Web Programs and Segments are approved in:
Alabama1, Alaska, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois , Iowa2*, Kansas, Kentucky*, Louisiana, Maine*, Mississippi, Missouri3, Montana, Nebraska, Nevada, New Hampshire4, New Jersey, New Mexico5, New York6, North Carolina7, North Dakota, Ohio8, Oklahoma9, Oregon*, Pennsylvania10, Rhode Island11, South Carolina, Tennessee12, Texas, Utah, Vermont, Virginia13, Washington, West Virginia, Wisconsin14 and Wyoming*.
Iowa, Mississippi, Oklahoma, and Wisconsin DO NOT approve Audio Only On-Demand Web Programs.
Minnesota approves live webcasts ONLY
Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.
*PLI will apply for credit upon request. Louisiana and New Hampshire: PLI will apply for credit upon request for audio-only on-demand web programs.
1Alabama: Approval of all web based programs is limited to a maximum of 6.0 credits.
2Iowa: The approval is for one year from recorded date. Does not approve of Audio-only On-Demand Webcasts.
3Missouri: On-demand web programs are restricted to six hours of self-study credit per year. Self-study may not be used to satisfy the ethics requirements. Self-study can not be used for carryover credit.
4New Hamphsire: The approval is for three years from recorded date.
5New Mexico: On-Demand web programs are restricted to 4.0 self-study credits per year.
6New York: Newly admitted attorneys may not take non-traditional course formats such as on-demand Web Programs or live Webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.
7North Carolina: A maximum of 4 credits per reporting period may be earned by participating in on-demand web programs.
8Ohio: To confirm that the web program has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.
9Oklahoma: Up to 6 credits may be earned each year through computer-based or technology-based legal education programs.
10Pennsylvania: PA attorneys may only receive a maximum of four (4) hours of distance learning credit per compliance period. All distance learning programs must be a minimum of 1 full hour.
11Rhode Island: Audio Only On-Demand Web Programs are not approved for credit. On-Demand Web Programs must have an audio and video component.
12Tennessee: The approval is for the calendar year in which the live program was presented.
13Virginia: All distance learning courses are to be done in an educational setting, free from distractions.
14Wisconsin: Ethics credit is not allowed. The ethics portion of the program will be approved for general credit. There is a 10 credit limit for on-demand web programs during every 2-year reporting period. Does not approve of Audio-only On-Demand Webcasts.
Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.
Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, call Customer Service (800) 260-4PLI (4754) or e-mail info@pli.edu.