Understanding ConsensusDocs Construction Contracts: What Lawyers Need to Know
Default for Builders Risk, Indemnification, Notice, Payment, Dispute Mitigation and Resolution, and Bond Penal Sum
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will explain key terms and conditions in the ConsensusDocs Construction Contracts Documents. You will learn the most significant provisions of the prime and subcontractor agreements used in the design-bid-build, design-build, and CM At-Risk agreements. This webinar will outline how owners, developers, and contractors--and their counsel--can utilize these documents to consider in developing construction agreements.
Outline
- Overview of ConsensusDocs
- Key issues addressed by ConsensusDocs
- Risk allocation
- Indemnity
- Damages
- Dispute resolution
- Payments
- Practical effects and considerations
- Waiver of consequential damages
- Architect's role versus contractor's role
- Access to owner's financial information
- Dispute resolution
- Project administration
- Indemnification
- Change orders and directives
- Legal implications of using the ConsensusDocs documents
Benefits
The panel will review these and other essential questions:
- How to leverage the most updated and important revisions to industry standard contracts in contract negotiations
- How do ConsensusDocs contracts provide an alternative to the American Institute of Architects (AIA) and which projects would benefit from exploring this viable alternative?
- What key issues do the ConsensusDocs contract documents address?
Faculty
Philip E. Beck
Partner
Smith Currie & Hancock
Mr. Beck’s practice focuses on construction law, government contracts, and commercial litigation. He is... | Read More
Mr. Beck’s practice focuses on construction law, government contracts, and commercial litigation. He is experienced with a broad range of construction issues, problems, and disputes. Mr. Beck’s experience includes representing clients on a wide variety of public and private construction projects throughout the U.S. and abroad. He has drafted and reviewed thousands of design and construction contracts on behalf of owner, developer, general contractor, subcontractor, supplier, architect/engineer, consultant, surety, design/builder, and construction manager clients. He is also an experienced arbitrator and mediator of construction claims and disputes. Mr. Beck has successfully tried construction cases before a variety of forums, including numerous state and federal courts, several federal Boards of Contract Appeals, and various state and local administrative bodies.
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Don Gregory
Director; Chair of Construction Law Practice
Kegler Brown Hill + Ritter
Mr. Gregory provides practical preventative advice on all aspects of a project, from bid to punch list, including... | Read More
Mr. Gregory provides practical preventative advice on all aspects of a project, from bid to punch list, including bidding (responsibility, responsiveness, mistaken bids and conditional bids); construction contracts (review and revision of AIA, AGC, ConsensusDOCS and other trade association forms, design-build, construction manager, architect, contractor and subcontractor agreements, purchase orders, and special clauses, such as No Damage for Delay and Contingent Payment); and risk management (insurance and indemnity). Mr. Gregory has also been involved in many of the most sizeable and important cases impacting the construction industry over the last 30 years, including disputes concerning: bid challenges, claims (differing site conditions, defects, defaults and performance bond claims, change order disputes, equitable adjustments, and liquidated damages); mechanic’s liens (notices of furnishing, notices of commencement, lien waivers, lien filings and foreclosures); and prompt payment (collections, payment bond claims, and recovery of interest and attorney’s fees under federal and state prompt payment acts).
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David A. Scotti
Founder
Scotti Law Group
Mr. Scotti focuses his practice in the areas of construction law, complex commercial litigation and real estate with an... | Read More
Mr. Scotti focuses his practice in the areas of construction law, complex commercial litigation and real estate with an emphasis in construction litigation, construction contracts and project counseling. Mr. Scotti has represented owners, developers, architects, engineers, EPC contractors, general contractors and subcontractors on a wide variety of construction projects including power plants, steel plants, dams, bridges, roads, aerial tramways, hospitals, prisons, sports stadiums, schools, churches, office buildings, public housing, mixed-use developments and housing developments. He has extensive experience in drafting and negotiating design and construction contracts and in providing project counseling regarding dispute avoidance. Mr. Scotti has represented clients regarding both domestic and international disputes in federal and state trial and appellate courts, the Armed Services Board of Contract Appeals, the Pennsylvania Board of Claims, the International Chamber of Commerce, the International Centre for Dispute Resolution and the American Arbitration Association. He has concentrated his practice in the area of construction law for over 30 years.
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