On-Demand   On-Demand Web Programs

Building Better Construction Contracts 2016

Released on: Jan. 3, 2017
Running Time: 06:37:04

Negotiating and drafting design and construction contracts that clearly define responsibilities and intelligently allocate risks is an art.  The design and construction process is risky and proper risk identification and allocation is critical to the success of any project.  This course is designed to give you the tools you need to better negotiate and draft design and construction agreements.  You will learn to distinguish between risk allocation clauses, including the so-called “killer clauses,” that work and when to employ them as well as when to avoid them, as they can prove counter-productive in certain situations.  Particular emphasis will be placed on the crucial subjects of termination, insurance, and indemnity.  This program also will include a mock contract negotiation session with panelists giving the best arguments for and against critical contract provisions.  As we have in the past, emphasis will be placed on new technologies such as the use of drones in construction and the legal issues they raise.  We also will examine in depth cyber exposures for design and construction professionals and one full hour of ethical issues for design and construction attorneys.

You will learn:

  • How to identify and negotiate critical risk allocation provisions in design and construction contracts.
  • Better understand the role of insurance in construction contracting and how to negotiate and draft appropriate insurance and indemnity clauses.
  • To identify and address in contract language risks posed by new technologies.
  • How to evaluate and address cyber risk in the design and construction process.

Practitioners representing owners, contractors, designers, insurers, regulators and others with a stake in construction will benefit from this program. Attorneys and allied professionals who want a firm grasp of construction risk allocation from several perspectives will find this seminar a valuable resource.

Lecture Topics [Total time 06:37:04]

Segments with an asterisk (*) are available only with the purchase of the entire program.


  • Introduction* [00:03:18]
    Patrick J. O'Connor, Jr., Timothy R. Twomey
  • Technology and Construction [01:01:40]
    Patrick J. O'Connor, Jr., Anatoly M. Darov
  • Design Risk in Design-Build and Public-Private Partnerships: Collision Course with Professional Liability Insurance [00:59:44]
    David J. Hatem, Laura Decker
  • Government Construction Contracts [01:01:10]
    Andrew J. Dell'Olio, Lori Ann Lange
  • Mock Negotiation of Critical Design and Construction Contract Clauses [01:30:43]
    Timothy R. Twomey, Suzanne Harness, Maureen McDonough, Dwight Larson
  • Design and Construction Contracts for Condominiums [00:59:53]
    Patrick M. Miller, Joshua Ballance
  • Duties of Appointed Defense Counsel and Mediators: Ethical Challenges [01:00:36]
    Robert J. MacPherson, James Duffy O'Connor, Suzanne M. McSorley

The purchase price of this Web Program includes the following articles from the Course Handbook available online:


  • COMPLETE COURSE HANDBOOK
  • Cyber Security and Cyber Insurance for the Design and Construction Industry
    Patrick J. O'Connor, Jr.
  • Technology in Construction—Drones
    Anatoly M. Darov
  • Design Risk in Design-Build and Public-Private Partnerships: Collision Course with Professional Liability Insurance
    David J. Hatem
  • An Overview of Public-Sector Contracting: Similarities to and Contrasts with the AIA Contract
    Andrew J. Dell'Olio
  • Responsibility Determinations in Government Contracts
    Lori Ann Lange
  • Critical Design Contract Clauses
    Suzanne H. Harness
  • Harvard Architectural Services Agreement
    Maureen McDonough
  • Harvard Construction Management Agreement
    Maureen McDonough
  • Agreement Between Owner and Construction Manager (Owner Awards All Trade Contracts)
    Patrick J. O'Connor, Jr.
  • Construction Agreement
    Patrick J. O'Connor, Jr.
  • Design Professional Services Agreement
    Patrick J. O'Connor, Jr.
  • AIA® Document B509 ™–2010: Guide for Supplementary Conditions to AIA Document B109™–2010 for Use on Condominium Projects
    Ken Cobleigh
  • Sample AIA® Document B109 ™–2010: Standard Form of Agreement Between Owner and Architect for a Multi-Family Residential or Mixed Use Residential Project
    Ken Cobleigh
  • Excerpt from Bruner & O’Connor on Construction Law
    Patrick J. O'Connor, Jr.
  • Forty Lines Mediators Can Hang Clothes On. No Really!
    Robert J. MacPherson, Suzanne M. McSorley
  • Model Standards of Conduct for Mediators
    Robert J. MacPherson
  • European Code of Conduct for Mediators
    Robert J. MacPherson
  • Mediators Ethics Guidelines
    Robert J. MacPherson
  • Duties of Appointed Defense Counsel: Ethical Challenges (October 18, 2016)
    James Duffy O'Connor, David E. Suchar, Hillary A. Taylor
  • Ethics and the Tripartite Relationship (October 11, 2016)
    James Duffy O'Connor

Presentation Material


  • Technology and Construction _ Power Point 1
    Patrick J. O'Connor, Jr.
  • Technology and Construction _ Power Point 2
    Anatoly M. Darov
  • Design Risk in Design-Build and Public-Private Partnerships: Collision Course with Professional Liability Insurance _ Power Point 1
    Laura Decker
  • Design Risk in Design-Build and Public-Private Partnerships: Collision Course with Professional Liability Insurance _ Power Point 2
    David J. Hatem
  • Government Construction Contracts _ Power Point 1
    Andrew J. Dell'Olio
  • Government Construction Contracts _ Power Point 2
    Lori Ann Lange
  • Design and Construction Contracts for Condominiums _ Power Point
    Joshua Ballance, Patrick M. Miller
  • Duties of Appointed Defense Counsel and Mediators: Ethical Challenges _ Power Point 1
    Robert J. MacPherson, Suzanne M. McSorley
  • Duties of Appointed Defense Counsel and Mediators: Ethical Challenges _ Power Point 2
    James Duffy O'Connor
Co-Chair(s)
Patrick J. O'Connor, Jr. ~ Faegre Baker Daniels LLP
Timothy R. Twomey ~ Senior Vice President and Deputy General Counsel, CallisonRTKL Inc.
Speaker(s)
Joshua Ballance ~ Associate Counsel, Contract Documents Content, American Institute of Architects
Anatoly M. Darov ~ Burns & Levinson LLP
Laura Decker ~ Associate Director, Construction and Environmental Services Group, Aon Risk Solutions
Andrew J. Dell'Olio ~ Executive Agency Counsel, MTA - NYC Transit
Suzanne Harness ~ Harness Law, PLLC
David J. Hatem, PC ~ Donovan Hatem LLP
Lori Ann Lange ~ Pecker & Abramson
Dwight Larson ~ Senior Vice President and General Counsel, Mortenson
Robert J. MacPherson ~ Gibbons P.C.
Maureen McDonough ~ Director of Special Projects, Office of the Executive Vice President, Harvard University
Suzanne M. McSorley ~ Stevens & Lee
Patrick M. Miller ~ Faegre Baker Daniels LLP
James Duffy O'Connor ~ Maslon LLP
General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.

PLI’s live and on-demand webcasts are single-user license products intended for an individual registrant only. Credit will be issued only to the individual registered.


U.S. MCLE States

Alabama:  PLI’s on-demand web programs qualify as “online” credit. Attorneys are limited to 6 credits of online programs per reporting period.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s on-demand web programs qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s on-demand web programs are not approved for Arkansas CLE credit.

California:  PLI’s on-demand web programs qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s on-demand web programs qualify as “eCLE” credit. Attorneys are limited to 12 credits of eCLE per reporting period, no more than 6 of which may be audio-only.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s on-demand web programs qualify as “in-house” credit. Attorneys are limited to 6 in-house credits per reporting period.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 15 credits of self-study per reporting period.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s on-demand web programs qualify as “distance education” credit. Attorneys are limited to 9 credits of distance education per reporting period.

Iowa:  PLI’s on-demand web programs qualify as “unmoderated” credit. Attorneys are limited to 6 credits of unmoderated programs per reporting period.

Kansas:  PLI’s on-demand web programs qualify as “prerecorded” credit. Attorneys are limited to 6 credits of prerecorded programs per reporting period.

Kentucky:  PLI’s on-demand web programs qualify as “non-live” credit. Attorneys are limited to 6 non-live credits per reporting period.

Louisiana:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 4 credits of self-study per reporting period.

Maine:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 5.5 credits of self-study per reporting period.

Minnesota:  PLI’s on-demand web programs qualify as “on-demand” credit. Attorneys are limited to 15 on-demand credits per reporting period.

Mississippi:  PLI’s on-demand web programs qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 6 credits of self-study per reporting period.

Montana:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 5 credits of self-study per reporting period.

Nebraska:  PLI’s on-demand web programs qualify as “computer-based learning” credit. Attorneys are limited to 5 credits of computer-based learning per reporting period.

Nevada:  PLI’s on-demand web programs qualify as “self-study” credit. There is no limit to the number of credits an attorney can earn via self-study programs.

New Hampshire:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 6 credits of self-study per reporting period.

New Jersey:  PLI’s on-demand web programs qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 4 credits of self-study per reporting period.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional on-demand web programs can be used to fulfill the requirements for New York newly admitted attorneys. Only professional practice and law practice management credits may be earned via transitional on-demand web programs. Ethics and skills credits may not be earned via on-demand web programs.

North Carolina:  PLI’s on-demand web programs qualify as “online” credit. Attorneys are limited to 6 credits of online programs per reporting period.

North Dakota:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 15 credits of self-study per reporting period.

Ohio:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Oklahoma:  PLI’s on-demand web programs qualify as “online, on-demand” credit. Attorneys are limited to 6 credits of online, on-demand programs per reporting period.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s on-demand web programs qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Puerto Rico:  PLI’s on-demand web programs qualify as “non-traditional” credit. Attorneys are limited to 8 credits of non-traditional programs per reporting period.

Rhode Island:  PLI’s on-demand web programs qualify as “on-demand” credit. Attorneys are limited to 3 on-demand credits per reporting period.

South Carolina:  PLI’s on-demand web programs qualify as “alternatively delivered” credit. Attorneys are limited to 6 credits of alternatively delivered programs per reporting period.

Tennessee:  PLI’s on-demand web programs qualify as “distance learning” credit. Attorneys are limited to 8 credits of distance learning per reporting period.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 10 credits of self-study per reporting period.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s on-demand web programs qualify as “pre-recorded” credit. Attorneys are limited to 8 credits of pre-recorded programs per reporting period.

Washington:  PLI’s on-demand web programs qualify as “A/V” credit. Attorneys are limited to 22.5 credits of A/V programs per reporting period.

West Virginia:  PLI’s on-demand web programs qualify as “online” credit. Attorneys are limited to 12 credits of online instruction per reporting period.

Wisconsin:  PLI’s on-demand web programs qualify as “repeated, on-demand” credit. Attorneys are limited to 15 credits of repeated, on-demand programs per reporting period. No ethics credits can be earned via on-demand web programs.

Wyoming:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 6 credits of self-study per reporting period.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s on-demand web programs are not eligible for CPD-BC credit unless viewed with at least one other attorney or an articled student. In this case, the credit must be recorded as a “study group.”

Ontario (CPD-ON):  PLI’s on-demand web programs qualify as “recorded” credit. If viewed without a colleague, attorneys are limited to 6 credits of recorded programs per year. If viewed with at least one colleague, there is no limit to the number of credits that can be earned via recorded programs.

Quebec (CPD-QC):  PLI’s on-demand web programs can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s on-demand web programs are not approved for CPD-HK credit.

United Kingdom (CPD-UK):  PLI’s on-demand web programs can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s on-demand web programs may fulfill Australia’s CPD requirements. Credit limits for on-demand web programs vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.


Other Credit Types

CPE Credit (NASBA):  Select on-demand web programs qualify as “QAS Self-Study” credit. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE):  PLI’s on-demand web programs may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s on-demand web programs may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s on-demand web programs may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s on-demand web programs may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s on-demand web programs qualify as "self-paced" credit. SHRM professionals are limited to 30 credits of self-paced programs per recertification period.

Compliance Certification Board (CCB):  PLI’s on-demand web programs qualify as “self-study” credit. Candidates are limited to 10 self-study credits per 12-month period, and certification holders are limited to 20 self-study credits per 2-year renewal period.

Certified Anti-Money Laundering Specialists Certification (CAMS):  PLI’s on-demand web programs are not approved for CAMS credit.

New York State Social Worker Continuing Education (SW CPE):  PLI’s on-demand web programs are not approved for SW CPE credit.

American Bankers Association Professional Certification (ABA):  PLI’s on-demand web programs may fulfill ABA credit requirements.

 

Related Items

Live Programs  Live Programs

Building Better Construction Contracts 2018 (New York, NY) Dec. 14, 2018

Handbook  Course Handbook Archive

Building Better Construction Contracts 2018  
Building Better Construction Contracts 2017 Patrick J O'Connor, Faegre Baker Daniels LLP
Timothy R Twomey, CallisonRTKL Inc.
 
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