Anticipating New Tariffs: Impact on U.S. Construction Projects and Key Strategies to Mitigate Risk
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will address the Trump administration's new and proposed tariffs, the resulting impact on U.S.-based construction projects, and best strategies for project participants to mitigate associated risks.
Outline
- Introduction
- Overview of proposed tariffs and risks for the construction industry
- What are currently imposed tariffs
- Case study of the previously imposed U.S. steel tariffs
- Potential impacts of currently imposed tariffs on the construction industry
- Pre-drafting considerations
- Evaluating current supply chain dependencies
- Diversify sourcing options
- Stockpile materials
- Long-term fix-rate supply contracts
- Drafting strategies to mitigate risk
- Price escalation clauses
- Index-based adjustments
- Cost pass-through
- Cap on escalation
- Material/supplier substitution provisions
- Force majeure
- Shared-risk mechanisms
- Cost-sharing
- Savings sharing
- Price review/adjustment periods
- Consequential damages disclaimers
- Indemnification
- Warranty
- Termination for convenience
- Insurance and bonds
- Price escalation clauses
- Practitioner takeaways
Benefits
The panel will review these and other key considerations:
- What supply chain challenges face construction clients under the new tariffs?
- What pre-drafting considerations issues should counsel and their clients consider?
- What contractual provisions should be included in project agreements to mitigate the risk of supply chain issues for the parties?
- What non-contractual considerations should counsel and clients examine in relation to the new tariffs?
Faculty
Pasha Ameli
Managing Director
Ankura Consulting Group
Mr. Ameli is a registered professional civil engineer with 11 years of experience in construction cost advisory,... | Read More
Mr. Ameli is a registered professional civil engineer with 11 years of experience in construction cost advisory, quantification of damages, calculation of lost productivity, construction cost estimation, and allocation of the responsibility of damages. His project experience includes solar farms, rare earth mineral extraction plants, hazardous material recycling facilities, transit centers, wastewater treatment plants, sports arenas, performing arts centers, hospitality, class A office buildings, multi-family residential complexes, and custom single-family homes. Mr. Ameli has authored numerous expert reports that led to successful settlements and has testified in trials and arbitration hearings.
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Justin Leonelli
Partner
K&L Gates
Mr. Leonelli focuses his practice on strategic counseling and dispute resolution in the areas of construction and... | Read More
Mr. Leonelli focuses his practice on strategic counseling and dispute resolution in the areas of construction and engineering, manufacturing and supply, energy (conventional and renewable), and commercial disputes. Justin takes pride in providing results-oriented legal solutions to help clients navigate complex challenges, mitigate risk, and secure favorable outcomes. As a part of his construction practice, Mr. Leonelli represents owners and contractors on public and private construction projects globally. He services his clients through all project phases as both project counsel and litigation counsel. Mr. Leonelli also assists clients in negotiating supply agreements and navigating manufacturing-related disputes. He has significant experience with domestic and international supply issues that implicate both the UCC and United Nations Convention on Contracts.
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William D. Wickard
Of Counsel
K&L Gates
Mr. Wickard concentrates his practice on construction and commercial litigation along with negotiating and drafting... | Read More
Mr. Wickard concentrates his practice on construction and commercial litigation along with negotiating and drafting construction contracts. He has worked on a wide variety of projects (both international and domestic), including oil and gas, offshore oil production facilities, power plants, manufacturing plants, railroads, solar power facilities, wind farms, water treatment plants, steel mills, dams, and health care facilities. Mr. Wickard has been involved in all phases of litigation in a number of state and federal courts, including jury trials, bench trials, injunction and TRO proceedings. He also has handled numerous appeals in several different state and federal jurisdictions. Mr. Wickard also has significant experience with arbitration proceedings. Mr. Wickard has also drafted and negotiated numerous construction contracts, including EPCs, subcontracts, design contracts, and supply contracts, for many different domestic and international projects. Mr. Wickard also represents clients in connection with public procurement issues and has extensive experience in all phases of bid protest proceedings throughout the country.
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