Contracts, Tariffs and Rising Material Costs: Strategies for Risk Allocation
Advanced Guidance for Counsel to Owners, Contractors, Subcontractors and Suppliers
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the ongoing escalation of material prices in the construction industry and provide practical insights for counsel to owners, contractors, subcontractors and suppliers in mitigating such risks.
- Overview of rampant material price spikes
- Primary causes of recent material escalation
- The impact of price escalation
- Historical allocation of escalation risks
- Tools for mitigating and sharing escalation risks
- Material escalation clauses
- Practice pointers and practical tips
- Owner's perspective
- General contractor or construction manager's perspective
- Subcontractor's and supplier's perspective
The panel will review these and other key issues:
- What domestic and international market forces are causing the recent material price spiking in the construction industry?
- What is the historical allocation of escalation risks?
- How have the principles of commercial impracticability, frustration of purpose and related concepts evolved?
- What are the tools for mitigating and sharing escalation risks?
- What role do material escalation clauses play?
- How do index-based escalation clauses and cost-based escalation provisions function?
Mason Avrigian, Jr.
Post & Schell
Mr. Avrigian is Co-Chair of the firm's Construction, Government Contracts & Surety Law Practice Group. For over... | Read More
Mr. Avrigian is Co-Chair of the firm's Construction, Government Contracts & Surety Law Practice Group. For over 25 years, he has represented owners, contractors, subcontractors, material producers and other parties in construction matters and construction litigation. He also handles general commercial litigation matters and real estate transactions and disputes. Mr. Avrigian has concentrated experience in matters involving general construction, heavy/highway construction, and utility construction. He counsels and represents clients in all facets of construction projects, from bidding and contract drafting, to contract administration and construction management issues, to liens, claims, and dispute proceedings.Close
Mason P. Hester
Munsch Hardt Kopf & Harr
Mr. Hester’s practice focuses on construction-related legal matters such as construction litigation, arbitration... | Read More
Mr. Hester’s practice focuses on construction-related legal matters such as construction litigation, arbitration and transactions. He represents design professionals, owners, general contractors, subcontractors and suppliers in a variety of construction transactions and disputes. Mr. Hester has drafted and negotiated multiple labor and material subcontracts worth $900 MM in EPC construction projects. He was among the first class of Texas attorneys to achieve Board Certification in Construction Law by the Texas Board of Legal Specialization. Mr. Hester is a frequent author and lecturer concerning a wide range of construction law issues.Close
Norton Rose Fulbright US
Mr. Walsh specializes in front end construction, project development and dispute resolution. He represents owners,... | Read More
Mr. Walsh specializes in front end construction, project development and dispute resolution. He represents owners, developers, contractors and design professionals in construction projects, including, energy and power plant facilities, commercial and industrial manufacturing plants, infrastructure support, warehouses, and storage facilities, hotel, condominium and multifamily residential housing developments, healthcare facilities, entertainment complexes, and shopping centers. Mr. Walsh routinely provides representation in negotiation and drafting of development, design, engineering, construction, and related agreements including advice on partnering and integrated project delivery contracts, trade labor and project labor matters, insurance, IP protection, land use and zoning, environmental and building code regulations, professional licensing issues, and accessibility laws.Close