Using ConsensusDocs Construction Agreements: Legal Implications
Strategies for Negotiating Contract Terms Using the New Forms
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, September 22, 2009
Recorded event now available
This seminar will review the new ConsensusDocs documents and explain how they differ from the American Institute of Architects' revised forms. The panel will outline legal implications for owners, developers and contractors—and their counsel—to consider before using the ConsensusDocs.
Description
Construction associations representing designers, owners and contractors jointly released a new set of standard construction agreements known as ConsensusDocs in late 2007. The forms should improve the contractual relationship between owners, contractors and architects in construction projects.
The ConsensusDocs forms, which address risk allocation, indemnity, damages, dispute resolution and payments, were released at the same time as the American Institute of Architects' (AIA) 2007 Revised forms, leaving counsel to determine which forms best suit their clients’ needs.
Listen as our panel of construction law attorneys reviews the key issues addressed by the new ConsensusDocs documents, discusses how the ConsensusDocs forms differ from AIA 2007 revised agreements, and explains the legal implications of using the new contracts.
Outline
- Introduction to ConsensusDocs documents
- 200 Series — General contracting
- 300 Series — Collaborative documents
- 400 Series — Design-build documents
- 500 Series — Construction manager contracts
- 700 Series — Subcontracting documents
- 800 Series — Project management documents
- Key issues addressed by ConsensusDocs documents
- Risk allocation
- Indemnity
- Damages
- Dispute resolution
- Payments
- Differences between ConsensusDocs and AIA forms
- Waiver of consequential damages
- Architect’s role versus contractor’s role
- Access to owner’s financial information
- Dispute resolution
- Project administration
- Indemnification
- Change orders and directives
- Legal implications of using the ConsensusDocs documents
Benefits
The panel will review these and other key questions:
- What key issues are addressed in the new ConsensusDocs contract documents?
- What are the legal implications of using the ConsensusDocs forms instead of the revised AIA documents?
- What are the best practices for counsel to building owners, contractors and architects to adapt to the new forms and minimize liability for their clients?
Faculty
B. Scott Douglass,
Partner
Farella Braun & Martel, San Francisco
He represents owners, general contractors, subcontractors, and a major Asian-based steel fabricator in the context of private and public construction projects. His representations primarily involve contract negotiation and drafting, contract administration and performance, risk avoidance, and the resolution of claims involving breach of contract, mechanics' liens, stop notices, and other issues.
Clark T. Thiel,
Partner
Howrey, San Francisco
He focuses on construction project and contract dispute resolution, including mediation, arbitration, and litigation. His work includes prosecuting and defending multimillion-dollar complex construction disputes in the areas of delay and acceleration claims, breach of contract, professional liability, design and construction defects, economic loss, and liens and encumbrances.
Richard M. Shapiro,
Partner
Farella Braun & Martel, San Francisco
He has a diverse real estate practice representing clients in transactions related to complex project development, acquisitions and dispositions, entity formation, financing and venture workouts, leasing, land use and construction. His construction experience includes representing owners, contractors and design professionals in a wide range of construction projects throughout the U.S. and abroad.
Ordering
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Customer Reviews
Very good current, practical and applicable discussion and information provided.
Matthew Moore
Clawson & Staubes, LLC
The program covered a fair amount of material in a short time period.
Dawn Sharff
Bradley Arant Boult Cummings LLP
Length was ideal and the topic was timely. Excellent!
Jeanette Henderson
University of Washington
The presentation was not too long, but included a great deal of information. The speakers kept to their times and provided an opportunity for questions at the end.
Amy E. McShane
Phillips Lytle LLP
I appreciated that there was a great deal of current case law on the subject and the speakers were concise and informative.
Thomas G. Mancuso
Haskell Slaughter
Real Estate Law Advisory Board
Partner
Alston & Bird
Partner
Stroock & Stroock & Lavan
Partner
Robinson & Cole
Of Counsel
Jenner & Block
Partner
Bryan Cave
Of Counsel
K&L Gates
Counsel
Kilpatrick Townsend & Stockton
Partner
Jones Day
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