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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 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, February 21, 2023

Recorded event now available

or call 1-800-926-7926

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.


Construction associations representing designers, owners, and contractors jointly released a set of standard construction agreements known as ConsensusDocs over a decade ago to improve the contractual relationship between owners, contractors, architects, and engineers in construction projects. These agreements have become the second most used standard contracts in the construction industry.

In 2017, ConsensusDocs published comprehensive updates to its most used agreements. The material changes cover many issues, including builders risk insurance, termination, payment, notice, scheduling, design delegation, indemnification, the fiduciary relationship, dispute resolution and mitigation, insurance, clarifications, directed changes, bond penal sums, and differing site conditions.

Listen as our panel of experts reviews the highest priority issues addressed by the ConsensusDocs industry standard documents, discusses how the ConsensusDocs forms differ from previous versions, and explains the benefits and legal implications of using the specific provisions of the contracts to protect client interests.



  1. Overview of ConsensusDocs
  2. Key issues addressed by ConsensusDocs
    1. Risk allocation
    2. Indemnity
    3. Damages
    4. Dispute resolution
    5. Payments
  3. Practical effects and considerations
    1. Waiver of consequential damages
    2. Architect's role versus contractor's role
    3. Access to owner's financial information
    4. Dispute resolution
    5. Project administration
    6. Indemnification
    7. Change orders and directives
  4. Legal implications of using the ConsensusDocs documents


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?


Beck, Philip
Philip E. Beck

Smith Currie & Hancock

Mr. Beck’s practice focuses on construction law, government contracts, and commercial litigation. He is...  |  Read More

Gregory, Don
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

Scotti, David
David A. Scotti

Scotti Law Group

Mr. Scotti focuses his practice in the areas of construction law, complex commercial litigation and real estate with an...  |  Read More

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