Changes to ConsensusDocs Construction Contracts: What Lawyers Need to Know

Default for Builder's Risk, Indemnification, Notice, Payment, Dispute Mitigation and Resolution, and Bond Penal Sum

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


Conducted on Tuesday, February 26, 2019

Recorded event now available

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Program Materials

This CLE webinar will explain critical modifications to the ConsensusDocs Construction Contracts Documents, released in 2017. You will learn the most significant revisions to the prime and subcontractor agreements used in the design-bid-build, design-build, and CM At-Risk agreements. This webinar will outline how owners, developers and contractors--and their counsel--can utilize these to consider in developing construction agreements.

Description

Construction associations representing designers, owners and contractors jointly released a new set of standard construction agreements known as ConsensusDocs over a decade ago to improve the contractual relationship between owners, contractors, architects and engineers in construction projects. These agreements have become the second most used standard contracts in the construction industry.

In 2017, ConsensusDocs published comprehensive updates to its most used agreements. The material changes cover many issues, including builder's risk insurance, termination, payment, notice, scheduling, design delegation, indemnification, the fiduciary relationship, dispute resolution and mitigation, insurance, clarifications, directed changes, bond penal sums, and differing site conditions.

Listen as our experts review the highest priority issues addressed by the new ConsensusDocs industry standard documents, discusses how the ConsensusDocs forms differ from previous versions, and explains the benefits and legal implications of using the specific provisions of the new contracts to protect client interests.

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Outline

  1. Overview of ConsensusDocs changes
    1. 200 Series — general contracting
    2. 300 Series — integrated project delivery (IPD) documents
    3. 400 Series — design-build documents
    4. 500 Series — construction manager contracts
    5. 700 Series — subcontracting documents
    6. 800 Series — project management documents
  2. Key issues addressed by ConsensusDocs revisions
    1. Risk allocation
    2. Indemnity
    3. Damages
    4. Dispute resolution
    5. Payments
  3. Practical effects and considerations
    1. Waiver of consequential damages
    2. Architect's role versus contractor's role
    3. Access to owner's financial information
    4. Dispute resolution
    5. Project administration
    6. Indemnification
    7. Change orders and directives
  4. Legal implications of using the new ConsensusDocs documents

Benefits

The panel will review these and other essential questions:

  • How to leverage the most updated and important revisions to industry standard contracts in contract negotiations
  • How does ConsensusDocs contracts provide an alternative to the American Institute of Architects (AIA) and which projects would benefit from exploring this viable alternative?
  • What key issues do the new ConsensusDocs contract documents address?

Faculty

Ciotti, Ronald
Ronald D. Ciotti

Partner
Hinckley Allen & Snyder

Mr. Ciotti’s practice is focused on all aspects of the construction industry. He has substantial experience...  |  Read More

Perlberg, Brian
Brian Perlberg
Senior Counsel
AGC of America and ConsensusDocs

Mr. Perlberg is the lead expert on construction law and contract matters at AGC. AGC is the leading association of the...  |  Read More

Other Formats
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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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