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
This CLE course 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.
Outline
- Overview of ConsensusDocs changes
- 200 Series — general contracting
- 300 Series — integrated project delivery (IPD) 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 revisions
- Risk allocation
- Indemnity
- Damages
- Dispute resolution
- Payments
- Practical effects and considerations
- 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 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

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
Mr. Ciotti’s practice is focused on all aspects of the construction industry. He has substantial experience representing general contractors, construction managers, subcontractors, prefabricators, modular builders, suppliers, and owners/developers in construction-related matters, including all aspects of construction law, contractual disputes, lien work, bond claims, construction and design defect claims, bid disputes, in litigation and dispute resolution. Mr. Ciotti has litigated cases/issues before all levels of courts in numerous jurisdictions throughout the country, arbitrated disputes nationally, and advocated on behalf of clients using various forms of dispute resolution. He also has broad experience in construction transactional work, drafting and negotiating contract documents for all types of project delivery including, integrated project delivery and other highly collaborative delivery methods, design-bid-build, design build, CM-at-Risk, and other more traditional methods for both public and private projects. He is also a nationally recognized speaker and author and has presented on a myriad of construction related topics, on behalf of over 50 different organizations.
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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
Mr. Perlberg is the lead expert on construction law and contract matters at AGC. AGC is the leading association of the construction industry with over 26,000 company members. Mr. Perlberg also serves as the Executive Director & Senior Counsel for ConsensusDocs, a coalition of 40 leading construction organizations. Mr. Perlberg is on the ABA Forum on the Construction Law Steering Committee for the Contract Documents, the Executive Committee for the National Construction Dispute Resolution Committee of the Arbitration Association of America, and the Board for Construction SuperConference Board. He was recently recognized as a top legal voice by Engineering News Record. Prior to joining AGC, Mr. Perlberg served as General Counsel for the Design-Build Institute of America.
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