Drafting and Negotiating Construction and Design Contracts: Meeting the Challenges of Sustainable Development 2010

Overview

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

Why You Should Attend

The movement toward a more sustainable built environment continues to grow at a rapid clip, notwithstanding the economic challenges facing the design and construction industry as a whole. You need to be able to advise your industry clients about the challenges of designing and building green. It is important not to run into the “red” by going “green.” This course is designed to provide you with the tools to evaluate green risks and properly serve your clients in the drafting and negotiation of their contracts, as well as providing advice during the performance of their services. You will learn the basics of the most important green certification program for private development - the Leadership in Energy and Environmental Design (“LEED”) rating system, from LEED Accredited Professionals. You will also be given the information necessary to advise your clients regarding the federal government’s green initiatives. The American construction industry is “going green” and you need to understand the ramifications for owner, designers, contractors, and lenders. This course will give you the tools you need to guide industry participants through this vital and vibrant subject.

What You Will Learn

• Identify and allocate green design and construction risks
• Understand insurance and surety approaches to green development
• Learn both the private and public green rating systems and initiatives and what they mean for contract performance
• Examine how sustainable design concepts affect the design professional’s standard of care
• Get tips on how best to draft and negotiate green design and construction agreements
• Learn about new technologies, such as Building Information Modeling (BIM) that can assist professionals in achieving green performance requirements

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.

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 receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment this 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

Morning Session:  9:00 a.m. - 12:30 p.m.

9:00  Program Overview

Patrick J. O'Connor, Jr., Timothy R. Twomey

• Defining the scope of work
• Understanding the AIA LEED scope of services document
• Understanding the designer’s needs and expectations on a green project
• Special Insurance Considerations
• Warranties & representations in the context of green procurement

10:15  Networking Break

10:30  Managing Risk on the Green Project

• Designer’s standard of care
• How does the standard of care evolve?
• New AIA contract forms setting a standard of care
• Liability implications
• Insurance requirements
• Appropriate risk management techniques
• Indemnity provisions
• Warranties

David J. Hatem, Kimberly A. Hurtado

11:30  Green Sticks and Carrots:  What Federal, State and Local Governments are Doing to Regulate Green Development

• Office of Federal Procurement Policy - Green Initiatives
• Working on federal green projects
• Green performance measurements in federal construction
• Survey of state and local government initiatives
• How to make green initiatives work for your client
• What are consequences of failing to comply?

Larry D. Harris, Josh M. Leavitt

12:30  Lunch

Afternoon Session:  1:30 p.m. - 5:00 p.m.

1:30  Mediating and Arbitrating the Green Dispute

• Understanding motivations behind going green
• What are green damages?
• Keys to getting to a resolution

Stanley P. Sklar, Christi L. Underwood

2:30  Drafting and Negotiating Green Contracts

• Key contract provisions
• Negotiation tips
• Modifying standard form agreements
• ConsensusDOCS Green Addendum Document

David A. Blake, Steven M. Charney

3:30  Networking Break

3:45  Understanding the Role of Building Codes and Industry Standards in Green Design and Construction

• AIA green policies
• What’s in the works for new documents
• Understanding current AIA documents from a green perspective
• Role of industry standards such as ASHRAE, Energy Star, etc.
• Role of building codes in green design and construction
• What’s new and more than new?

Mark A. Bloom, Cara Shimkus Hall, Paul Stoller

4:45  Concluding Remarks

Patrick J. O'Connor, Jr., Timothy R. Twomey

5:00  Adjourn 

Faculty

Co-Chair(s)

Speaker(s)

Program Attorney(s)

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

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.