Construction Management Agreements: Key Provisions, Common Areas of Dispute, and Minimizing Performance Risks

Description

A complex construction project will only run smoothly if all parties to the project--the owner, architect, contractor, subcontractors, materials suppliers and potentially many others--clearly understand the goals of the project and the responsibilities of each party.

The role of the owner's representative has grown in prominence and has become an essential factor in the success of many projects. Properly structuring the scope of services to be rendered by the owner's representative, careful vetting of qualifications, capabilities and experience, and crafting well-structured contracts that acknowledge the increasing performance risks of these consultants can make the difference between a successful or a challenging project.

Although construction industry associations provide standard construction forms, construction counsel should not rely on standard and boilerplate language when drafting construction management agreements. Instead, counsel should tailor the contract to the specific project, carefully negotiate key provisions and anticipate common areas of dispute.

Listen as our panel of construction practitioners experienced in negotiating construction management contracts discusses best practices for drafting and negotiating the agreements. The panel will discuss critical clauses to include in the contracts and provide strategies for avoiding common drafting pitfalls and resolving contract disputes.