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

A live 90-minute CLE video webinar with interactive 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.

Wednesday, March 12, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, February 14, 2025

or call 1-800-926-7926

This CLE webinar will advise construction counsel on 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 coordinating 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.

Description

A National Institute of Building Sciences Off-Site Counsel survey found that more than 87% of participants, including construction managers, general contractors, engineers, trade contractors, architects, owners, and developers, used some form of prefabrication in the prior year.

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.

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Outline

  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 vs. services
    3. Common law vs. UCC
    4. Subcontractor vs. manufacturer
  3. Managing the risk: ConsensusDocs 753
    1. Fabrication site vs. 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

Benefits

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?

Faculty

Pasakarnis, Seth
Seth M. Pasakarnis

Partner
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

Attorney
Cohen Seglias Pallas Greenhall & Furman

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

Attend on March 12

Early Discount (through 02/14/25)

Cannot Attend March 12?

Early Discount (through 02/14/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. 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