Streamlining the Negotiation of Construction Management Agreements – An Owner’s Perspective

The negotiation of construction management agreements can be a long, arduous and costly struggle unless key business and legal terms are resolved before the owner’s first draft of the agreement is presented to the construction manager for comment. In this program, experienced construction attorneys will offer, from the owner’s perspective, a drafting and negotiation process designed to cut down on an excessive exchange of redlines before the final agreement is reached. The key issues in a typical CMA will be presented and suggestions offered for resolution.

Topics will include:

• Use of a term sheet to outline the type of delivery method for the project and the basic business terms [10 minutes]
• Preparation of the initial CMA draft and request for CM comments in memo form [10 minutes]
• Identification and negotiation of open business and legal issues [10 minutes]
• Preparation of revised CMA and negotiation of final terms [10 minutes]
• Discussion of selected CMA issues [20 minutes]

Program Level: Update

Prerequisites: None

Advanced Preparation: None

Faculty:

Kenneth M. Block

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Brandon P. Reiner

Tannenbaum Helpern Syracuse & Hirschtritt LLP