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Construction Professional Services Agreements

Key Provisions, Common Areas of Dispute, and Streamlined Contract Negotiations

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, January 18, 2018

Recorded event now available

or call 1-800-926-7926

The CLE course will provide construction counsel with guidance for crafting key provisions in construction professional services agreements (PSAs). The panel will discuss clauses that should be carefully negotiated in the agreements and strategies to avoid common drafting pitfalls and resolve contract disputes.


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 PSA provides clarity for the parties by outlining the scope of services to be performed, relevant milestones, payment terms, acceptance criteria and due dates. The PSA also addresses risk allocation, contingencies and liability limitations.

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

Listen as our panel of construction practitioners experienced in negotiating PSAs discusses best practices for drafting and negotiating the agreements. The panel will discuss key clauses that should be included in the contracts, and provide strategies for avoiding common drafting pitfalls and resolving contract disputes.



  1. Overview
    1. Standard form agreements
    2. International work
    3. Common issues
  2. Key provisions
    1. Scope of services
    2. Limitation of liability
    3. Indemnification
    4. Insurance
    5. Intellectual property
    6. Assignment
    7. Third-party beneficiaries
    8. Payment
    9. Termination
    10. Dispute resolution


The panel will review these and other key issues:

  • What contract terms are most frequently included in PSAs?
  • What factors should construction counsel take into account when tailoring a professional association standard PSA form to a particular project?
  • What are the most commonly negotiated or disputed issues during contract negotiations and what are some effective strategies for resolving them?


Ciotti, Ronald
Ronald D. Ciotti

Hinckley Allen & Snyder

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

Schollaert, Michael
Michael A. Schollaert

Baker Donelson Bearman Caldwell & Berkowitz

Mr. Schollaert provides strategic and tactical advice to his clients at every stage of the construction process –...  |  Read More

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