Drafting and Negotiating Tomorrow's Construction Contracts Today 2009

Overview

Recently admitted NY attorneys: This program is accredited for transitional CLE credit

Why You Should Attend

To best serve your client or company, you need to know how to identify and allocate major design, construction and insurance risks. In addition, your clients depend on you to know the most up-to-date strategies when negotiating design and construction contracts, as well as the insurance and surety ramifications for any construction project. Hear from nationally recognized experts in the field who will give you the tools you need to effectively represent your client, whether it be an owner, contractor or architect.

What You Will Learn

• Examine how to develop effective design and construction agreements using industry documents
• Identify and allocate major design and construction risks: dealing with “killer clauses”
• Discover how to structure workable and intelligible indemnity and insurance provisions
• Understand how to draft an effective conflict resolution during and after the project
• Get tips on how best to draft construction contracts in difficult economic times
• Explore new contracting approaches, including integrated practice, alliance-type arrangements, building information modeling and LEED projects
• and much more!

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 on construction risk allocation from several perspectives will find this seminar a valuable resource.

Special Features

Live Webcast - Simultaneous live webcast of the New York session is available for individual viewing. Webcast participants will receive streaming audio and/or video of the program, view and print the Course Handbook, and have the ability to submit questions electronically.

For more information click on the Live Webcast link in the Related Items box.

Special Bonus to all Registrants

All attendees will receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment the program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount.  For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Schedule

Please plan to arrive with enough time to register before the conference begins. A continental breakfast will be available upon your arrival.

Morning Session: 8:30 a.m. - 11:45 a.m.

8:30  Risk Allocation in the Construction Process and the Role of Due Diligence in the Selection of the Design Professional and Contractor

Larry D. Harris, Stanley P. Sklar

9:30  Identifying and Allocating Major Design and Construction Risks: Dealing with “Killer Clauses”

• No Damage for Delay
• Waiver of Consequential Damages
• Warranties for Repairs, Latent Defects
• Limitation of Liability
• Liquidated Damages
• Performance Guarantees
• Pay-if-Paid Clauses
• Change Order Provisions
•  Notice Requirements
• Ownership of Float
• Retention
• Unforeseen Conditions
• Terminations - Cause, Convenience

Steve M. Charney, Josh M. Leavitt

10:30  Networking Break

10:45  Drafting an Effective Design Agreement 

• Copyright
• Contract Administration
• Negotiating Standard of Care
• Basic Services vs. Additional Services
• AIA Owner Architect Agreement (2007 Edition)

Ava J. Abramowitz, Mark C. Friedlander

11:45  Lunch

Afternoon Session: 12:45 p.m. - 5:00 p.m.

12:45  Drafting an Effective Construction Agreement

• Selecting the Correct Contract Type(e.g., lump-sum, guaranteed maximum price, or cost of the work)
• Choosing the Correct Delivery System (design/build, traditional, or hybrid)
• Key Negotiation Issues (e.g., payment structure, performance guarantees, schedule, etc.)
• Consensus Documents vs. AIA Contractor Agreements (2007 Editions)

Patrick J. O’Connor, Jr., Jeffrey H. Winick

1:45  Structuring Workable and Intelligible Indemnity and Insurance Provisions and Surety Issues

• Builders Risk Insurance
• Commercial General Liability Insurance - Exclusions
• Additional Insureds
• Owner’s Contractors Protective Liability
• Deductibles and Retentions
• Waivers of Subrogation
• Professional Liability
• Surety Considerations
• Notices to the Surety
• Surety Defenses

Barbara Sable, Patricia H. Thompson

2:45  Networking Break

3:00  New Contracting Approaches 

• Integrated Project Delivery - a discussion of the new forms
• Alliance-type Arrangements
• Building Information Modeling
• GM/GC
• LEAN Construction
• LEED Projects

Howard W. Ashcraft, Patrick J. O’Connor. Jr.

4:00  Drafting for Effective Conflict Resolution

• The Project Neutral
• Venue
• Prequalifying the Panel
• Governing Law
• Effect on Mechanics Liens
• Joinder
• Discovery
• Time Limits

Michael A. Marra, Stanley P. Sklar

5:00  Adjourn

Faculty

Chairperson(s)

Stanley P. Sklar, Dispute Resolution Services

Speaker(s)

Ava J. Abramowitz, Double View, LLC
Howard W. Ashcraft, Hanson Bridgett, LLP
Steven M. Charney, Peckar & Abramson PC
Mark C. Friedlander, Schiff Hardin LLP
Larry D. Harris, Greenberg Traurig, LLP
Josh M. Leavitt, K&L Gates LLP
Michael A. Marra, Vice President, Construction Division, American Arbitration Association
Patrick J. O'Connor, Jr., Faegre & Benson LLP
Barbara Sable, Ames & Gough, Inc
Patricia H. Thompson, Carlton Fields, P.A.
Jeffrey H. Winick, Stein, Ray & Harris LLP

Program Attorney(s)

Meghan C. Forgione, Practising Law Institute

CLE Credit

Travel Information

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: res.ny@warwickhotels.com