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Modular Construction Contracts: Integrating Components and Deliveries, Delays, Lien Challenges, and Risk of Loss

Recording of a 90-minute CLE video 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 Wednesday, February 23, 2022

Recorded event now available

or call 1-800-926-7926

This CLE webinar will advise construction counsel of the legal issues in the emerging trend of modular construction. The panel will address best practices for handling disputes when separately engineered components fail to integrate and coordinate projects and delivery to eliminate delays. The panel will address how lien laws affect prefabricated construction and the risk of loss issues during the transport of components.


The National Institute of Building Sciences Off-Site Counsel recently stated that “More than 87% of construction managers, general contractors, engineers, trade contractors, architects, owners and developers used some form of prefabrication in the past 12 months.

With the explosive use of prefabrication and modular construction, Construction industry participants should be aware of the hidden risks and legal issues unique to modular construction and prefabrication that may adversely impact any project.

Listen as our panel of experienced construction attorneys discusses the unique challenges and risks inherent in prefabrication and modular construction, and provides project management and contract drafting tips for managing these risks.



  1. Modular Construction and Prefabrication
    1. Why the growing use?
    2. What are the hidden risks?
  2. Identifying the Risks
    1. Can I just use the same form contract?
    2. Goods v. Services
    3. Common Law v. UCC
    4. Subcontractor v. Manufacturer
  3. Managing the Risk – The ConsensusDocs 753
    1. Fabrication Site v. Worksite
    2. Subcontractor or Manufacturer
    3. Warranties
    4. Incorporating the Prime Contract
    5. Default
      1. QA/QC
  4. Other Issues
    1. State Law Issues
    2. Insurance and Bonds
    3. Transportation/Shipping Issues
    4. Lien rights
  5. Project Management - Best practices
    1. Financial management
    2. QA/QC
    3. Record keeping
    4. Following the contract


The panel will address these and other key issues:

  • How can counsel coordinate scheduling and delivery of components to prefabricated construction projects?
  • What insurance should modular construction projects require?
  • When do suppliers of prefabricated components have lien rights?


Hedberg, Frederick
Frederick E. Hedberg

Robinson & Cole

Mr. Hedberg is a member of the firm’s Construction Law Group, with more than 20 years of experience handling...  |  Read More

Pasakarnis, Seth
Seth M. Pasakarnis

Hinckley Allen & Snyder

Mr. Pasakarnis’ practice is focused on all aspects of the construction industry. He has represented a wide range...  |  Read More

Schwartz, Michael
Michael I. Schwartz

Cohen Seglias Pallas Greenhall & Furman

Mr. Schwartz’ practice focuses on construction litigation. He represents contractors, subcontractors, design...  |  Read More

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