Interested in training for your team? Click here to learn more

Recurring Construction Disputes Between Project Participants in an Unstable Market: Drafting to Mitigate Risk

Contractual Considerations and Pitfalls for Each Party, Methods of Enforcement and Resolution

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 Tuesday, November 28, 2023

Recorded event now available

or call 1-800-926-7926

This CLE webinar will discuss common construction disputes between the parties to a construction project--including owners, architects, contractors, and suppliers--particularly those that may be more common in an unstable market. The panel will discuss the importance of contractual negotiation and drafting for each party, guiding practitioners through unique considerations and pitfalls for each. The panel will also discuss methods of enforcement and which may best serve particular parties to the project.


Construction disputes are common given the number of parties involved in any given project--including owners, architects, contractors, and suppliers--and can arise at any stage of the process. Factor in an unstable real estate market, and the likelihood of disputes increases.

Counsel should be aware of which contractual clauses may require more focus in an unstable market and draft these clauses to best protect their clients, whichever parties to the project they may be, in case a dispute arises down the road. Counsel should also be aware of which enforcement remedies may best serve their clients in the event of a dispute.

Listen as our expert panel guides practitioners through common construction disputes between parties to a project and which may be more likely to arise in a volatile market. The panel will discuss best practices for negotiating and drafting up front to best protect clients' interests later. The panel will also address which remedies may best serve certain parties and what should be included in the contract and pursued in case of a dispute.



  1. Project participants: the importance of clearly defining roles and responsibilities
    1. Owners
    2. Architects
    3. Contractors
    4. Suppliers
  2. Common construction disputes
    1. Poor project planning and design defects
    2. Changes, errors, omissions
    3. Differing site conditions
    4. Defective work product
    5. Nonpayment
    6. Acceleration, delays, and inefficiencies
    7. Workplace injuries
    8. Professional negligence
    9. Supply chain issues
    10. Labor and material escalations
    11. Force majeure
    12. Suspension and termination
  3. Contractual drafting considerations and pitfalls to be avoided for each project participant
    1. Noteworthy clauses to best protect each party participant
    2. Enforcement remedies and whether they may better serve one party over another
    3. Payment and performance tools including: liens, payment and performance bonds, and stop payment notices
    4. Other considerations
  4. Best practices to mitigate risk


The panel will review these and other key issues:

  • What are common construction disputes and why are they more likely to arise in an unstable market?
  • What contract clauses should counsel focus on in a volatile market to best protect their clients in the event of a dispute?
  • How does this focus change based on which party to the project they represent?
  • Are there particular remedies that benefit certain parties to the project over others?


David M. Adelstein

Kirwin Norris

Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations,...  |  Read More

Johnson, Mark
Mark Johnson

Senior Counsel
Lanak Hanna

Mr. Johnson has over 30 years of experience in construction, environmental and real estate litigation matters. He has...  |  Read More

Mroczkowski, Steven
Steven Mroczkowski

Ice Miller

Mr. Mroczkowski represents businesses up and down the construction contract chain—from owners and developers and...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video