Alternative Delivery Construction Projects: Assuring Performance and Minimizing Risk

Leveraging Letter of Credit, Bond and Insurance Options for Traditional and Non-traditional Delivery Systems

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, March 6, 2013

Recorded event now available

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Course Materials

This CLE course will provide construction counsel with an overview of the alternative construction project delivery methods, their inherent risks, and how to evaluate traditional options to hedge against non-performance in non-traditional construction contracts.


Alternative project delivery methods, like design-build and integrated product delivery (IPD) are gaining popularity in the volatile construction market. While both have certain advantages, these methods may still leave owners and builders exposed to several risks inherent in construction.

Obtaining contract performance assurance in design-build and IDP delivery methods may not necessarily be a natural fit with traditional construction industry contractual risk protections, which typically consist of surety bonds, letters of credit, default insurance, and guarantees.

Counsel must carefully evaluate the available contract assurance options in the context of each project and party to a contract, and more than one option may need to be considered.

Listen as our authoritative panel of experienced construction counsel provides an overview of the alternative construction project delivery methods, discusses their inherent risks, and outlines how to evaluate traditional options to hedge against non-performance in non-traditional construction contracts.



  1. Traditional Construction Project Contractual Risk Protection
    1. Key Performance Risk Characteristics of Design-Bid-Build Project
    2. Surety Bonds for Performance Assurance
    3. Parent Company Guarantees for Performance Assurance
    4. Letters of Credit for Performance Assurance
    5. Subcontractor Default Insurance for Performance Assurance
  2. Non-Traditional Project Delivery Methods & Performance Risk
    1. Performance Risk in Design – Build Project Delivery
    2. Performance Risk in Integrated Project Delivery
    3. Performance Risk—Other
  3. Performance Assurance Options in Non-Traditional Project Delivery
    1. Surety Bonds and Parent Guarantees in Design-Build & IPD
    2. Letters of Credit in Design-Build & IPD
    3. Subcontractor Default Insurance in Design-Build & IPD
    4. Other Comments
  4. Conclusion


The panel will review these and other key questions:

  • What are the alternative construction industry options for assuring contractual performance, and what are their differences, advantages and disadvantages?
  • What are the contractual risk differences in alternative delivery methods?
  • How do the traditional performance risk assurance options apply to alternative delivery method projects?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Jonathan J. Dunn
Jonathan J. Dunn


He concentrates his practice in construction and complex commercial matters. He has addressed complex legal and...  |  Read More

Marilyn Klinger
Marilyn Klinger


She represents the full spectrum of the construction industry, from owners, contractors, subcontractors, and...  |  Read More

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