Why you should attend
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.
What you will learn
- How to evaluate and draft meaningful and effective incentive provisions
- Better understand the role of insurance in construction contracting and how to negotiate and draft appropriate insurance and indemnity clauses
- To develop collaborative contracting arrangements and how the new IPD agreements work
- To identify and draft appropriate dispute resolution models
- How to leverage new technologies through creating BIM execution plans
Who should attend
Practitioners representing owners, contractors, designers, insurers, regulators and others with a stake in construction. Attorneys and allied professionals who want a firm grasp of construction risk allocation from several perspectives will find this seminar a valuable resource.
Morning Session: 9:00 a.m. - 12:30 p.m.
9:00 Green Design and Green Construction
A. Opening Remarks and Introduction
B. AIA Sustainable Projects Documents: Managing Roles, Responsibilities and Expectations
C. International Green Construction Code - Risk Alerts
- Development of the Sustainable Projects Documents
- Areas of Special Interest to Architects
- Areas of Special Interest to Contractors
- Additional Resources
- Does the IgCC raise the standard of care for design professionals?
- Does the IgCC create warranty obligations?
- Will the IgCC create the need for new categories of specialized consultants?
- Will the local jurisdiction’s ability to customize the IgCC create any greater concerns for design professionals than a local jurisdiction’s ability to customize traditional building codes?
- Who selects project electives? Owners? Design professionals? Should the Owner-Design Professional agreement address this issue?
- What happens when the IgCC conflicts with other code provisions?
Joshua W. Ballance, Timothy R. Twomey
10:15 Public and Private Partnerships and Public Sector Contracts
- Why P3s are coming to a town near you (if not already there)
- The P3 Structure - who are the players and how they interact
- Design and construction risk allocation in PPPs
1. Design and construction risk factors
2. PPP risk allocation: theory and application
- Professional liability risk exposure for consulting engineers on PPP Projects
Lewis J. Baker, David J. Hatem
11:15 Networking Break
11:30 Key Contracting Issues from the Owner, Designer and Contractor Perspectives
- Current attitudes about risk transfer
- Liability and limitations on direct and consequential damages
- Indemnification being broader than Prof Liability coverage
- Design to budget responsibilities
- Reliance on cost estimates
- Liability for delay
- Responsibility for LEED or other Green Building certification
- Payment issues
- MBE requirements
- Risks relating to differing site conditions and project delivery method
Jayne Czik, Maureen McDonough, Robyn L. Miller, Timothy R. Twomey
Afternoon Session: 1:45 p.m. - 5:00 p.m.
1:45 Managing Risk Through Insurance Bonding: New Developments
- The keys to drafting effective insurance provisions
- Five things every lawyer needs to know about additional insured coverage
- The essentials of coverage for defective work
- What to look for in builder's risk coverage
- The critical differences between subcontractor default insurance and surety bonds
- Recent modifications to standard bond forms
- Comparison between AIA and ConsensusDOCS bond forms
Deborah S. Griffin, Patrick J. O’Connor, Jr.
2:45 Managing Delay and Disruption Claims Through Contracts
- Tools for proactive schedule management
- Nip it in the bud - Proactively identify and address schedule issues
- How to draft scheduling clauses that work
- No damage for delay - are you sure?
- When and how to use liquidated damages clauses
Peter C. Halls, Albert Bates, Jr.
4:00 Ethical Concerns for Counsel When Advising a Government Contractor
- What are voluntary disclosures and when should they be made?
- What are a contractor’s mandatory disclosure obligations?
- Are the results of an internal investigation privileged; who should conduct them?
- To what extent must the attorney-client privilege be waived in making disclosures or in negotiating with the government?
Larry D. Harris, Timothy R. Thornton
~ Associate Counsel, Contract Documents Content, American Institute of Architects
~ Senior Director of Program Administration and Finance, Planning and Project Management, Harvard University
New York City Seminar Location
PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.
New York City Hotel Accommodations
Due to high demand and limited inventory in NYC, we recommend reserving hotel rooms as early as possible.
The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.
The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: email@example.com
PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys, except Arizona. Please be sure to check with your state for details.
Please check the CLE Calculator above each product description for CLE information specific to your state.
Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
Please note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
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.
Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.