Managing the Risk in CMAR Contracts: Guidance for Owners, Contractors and Subs
Negotiating and Drafting Risk Allocation Provisions, Interplay With Other Contract Terms
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide construction lawyers on negotiating and drafting risk-shifting provisions in construction manager at risk (CMAR) contracts. Because the dynamics between owners, contractors and subs differ so vastly from the arrangement typical to design-build and other project delivery methods, there are unique issues to address in structuring these agreements.
- Overview of construction manager at risk project delivery
- Scopes of work
- Risk factors
- Construction manager
- Design team
- Risk allocation provisions
- Key terms
- Interplay with other contract provisions
The panel will review these and other key issues:
- What are the critical risk allocation provisions to include in CMAR agreements?
- How do risk factors differ in CMAR arrangements compared to other project delivery methods?
- How do the risks associated with CMAR arrangements differ between public and private sector projects?
James P. (Jamie) Bobotek
Pillsbury Winthrop Shaw Pittman
Mr. Bobotek guides clients through all phases of development and construction of commercial properties, including... | Read More
Mr. Bobotek guides clients through all phases of development and construction of commercial properties, including preparation, review and negotiation of development, design, construction, design-build, and related agreements. He also counsels clients in analyzing insurance coverage claims, formulating risk management strategies, and developing contractual insurance requirements. Mr. Bobotek has secured many favorable outcomes for commercial policyholders on CGL, builder’s risk, commercial property, business interruption, E&O, cyber, professional liability, D&O, pollution, fidelity and other claims.Close
Mario R. Nicholas
Mr. Nicholas practices in the firm’s Construction and Design group. He has assisted clients before federal and... | Read More
Mr. Nicholas practices in the firm’s Construction and Design group. He has assisted clients before federal and state courts, domestic and international arbitration panels, and administrative bodies. Mr. Nicolas prides himself on client service, and works tirelessly to resolve (or avoid) disputes economically and efficiently. He is licensed in Oregon, Washington and California, and counsels clients across a range of industries on construction and design issues.Close
Mary A. Salamone
Atkinson Andelson Loya Ruud & Romo
Ms. Salamone has dedicated her over 30-year career exclusively to the area of construction law and has acquired an... | Read More
Ms. Salamone has dedicated her over 30-year career exclusively to the area of construction law and has acquired an in-depth knowledge regarding all aspects of both public and private construction projects and disputes. Her practice encompasses a wide array of construction industry matters such as alternative project delivery methods, competitive bidding, contract drafting, project management and contract administration, scheduling and delay issues, change orders, cost overruns, mechanics lien, stop payment notice and bond rights, risk management, and claims resolution. Ms. Salamone has handled multi-million dollar disputes on high profile, complex construction projects and achieved favorable settlements and judgments on behalf of her clients.Close