Using ConsensusDocs Construction Agreements: Legal Implications
Strategies for Negotiating Contract Terms Using the New Forms
Recording of a 90-minute premium CLE webinar with Q&A
This seminar will review the new ConsensusDocs documents and explain how they differ from the American Institute of Architects' revised forms. The panel will outline legal implications for owners, developers and contractors—and their counsel—to consider before using the ConsensusDocs.
Outline
- Introduction to ConsensusDocs documents
- 200 Series — General contracting
- 300 Series — Collaborative documents
- 400 Series — Design-build documents
- 500 Series — Construction manager contracts
- 700 Series — Subcontracting documents
- 800 Series — Project management documents
- Key issues addressed by ConsensusDocs documents
- Risk allocation
- Indemnity
- Damages
- Dispute resolution
- Payments
- Differences between ConsensusDocs and AIA forms
- 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 key questions:
- What key issues are addressed in the new ConsensusDocs contract documents?
- What are the legal implications of using the ConsensusDocs forms instead of the revised AIA documents?
- What are the best practices for counsel to building owners, contractors and architects to adapt to the new forms and minimize liability for their clients?
Faculty
B. Scott Douglass
Partner
Farella Braun & Martel
He represents owners, general contractors, subcontractors, and a major Asian-based steel fabricator in the context of... | Read More
He represents owners, general contractors, subcontractors, and a major Asian-based steel fabricator in the context of private and public construction projects. His representations primarily involve contract negotiation and drafting, contract administration and performance, risk avoidance, and the resolution of claims involving breach of contract, mechanics' liens, stop notices, and other issues.
CloseClark T. Thiel
Partner
Howrey
He focuses on construction project and contract dispute resolution, including mediation, arbitration, and litigation.... | Read More
He focuses on construction project and contract dispute resolution, including mediation, arbitration, and litigation. His work includes prosecuting and defending multimillion-dollar complex construction disputes in the areas of delay and acceleration claims, breach of contract, professional liability, design and construction defects, economic loss, and liens and encumbrances.
CloseRichard M. Shapiro
Partner
Farella Braun & Martel
He has a diverse real estate practice representing clients in transactions related to complex project development,... | Read More
He has a diverse real estate practice representing clients in transactions related to complex project development, acquisitions and dispositions, entity formation, financing and venture workouts, leasing, land use and construction. His construction experience includes representing owners, contractors and design professionals in a wide range of construction projects throughout the U.S. and abroad.
CloseAccess Anytime, Anywhere
Strafford will process CLE credit for one person on each recording. All formats include program handouts.
CLE On-Demand Audio