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 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.
Outline
- Project participants: the importance of clearly defining roles and responsibilities
- Owners
- Architects
- Contractors
- Suppliers
- Common construction disputes
- Poor project planning and design defects
- Changes, errors, omissions
- Differing site conditions
- Defective work product
- Nonpayment
- Acceleration, delays, and inefficiencies
- Workplace injuries
- Professional negligence
- Supply chain issues
- Labor and material escalations
- Force majeure
- Suspension and termination
- Contractual drafting considerations and pitfalls to be avoided for each project participant
- Noteworthy clauses to best protect each party participant
- Enforcement remedies and whether they may better serve one party over another
- Payment and performance tools including: liens, payment and performance bonds, and stop payment notices
- Other considerations
- Best practices to mitigate risk
Benefits
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?
Faculty
David M. Adelstein
Partner
Kirwin Norris
Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations,... | Read More
Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations, suppliers, sureties, and owners in a myriad of construction matters including, without limitation, construction/design defect claims, schedule-based claims (including inefficiency, lost productivity, and acceleration claims), bid protests, payment disputes, lien and bond claims, liability and property insurance issues, and a host of other issues that affect the construction industry. He prepares and negotiates construction contracts for clients utilizing AIA, EJCDC, and AGC industry form documents, as well as contracts that are not based on an industry form document.
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Mark Johnson
Principal
Offit Kurman
Mr. Johnson has over 30 years of experience in construction, environmental and real estate litigation matters. He has... | Read More
Mr. Johnson has over 30 years of experience in construction, environmental and real estate litigation matters. He has first chair experience in over 30 jury trials, bench trials and complex arbitrations. Mr. Johnson’s construction law experience includes representing owners, general contractors, subcontractors, and design professionals in private and public works construction litigation involving extra work claims, changed condition claims, delay claims, loss of productivity claims, defective work claims, products liability claims regarding defects in construction materials, insurance coverage for construction claims, and California contractor’s licensing laws. He has represented clients in arbitrations and lawsuits regarding an array of construction disputes in state and federal courts in several states as well as the federal Civilian Board of Contract Appeals and the California Public Works Contract Arbitration program. Mr. Johnson is a frequent author and speaker on topics regarding the construction industry.
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Steven Mroczkowski
Partner
Ice Miller
Mr. Mroczkowski represents businesses up and down the construction contract chain—from owners and developers and... | Read More
Mr. Mroczkowski represents businesses up and down the construction contract chain—from owners and developers and lenders and sureties to contractors and subcontractors to architects and engineers—helping them deal fairly with other parties and protecting their rights when those other parties fail to meet their obligations. He is the consummate outside construction counsel, drafting, reviewing, and negotiating contracts for clients ranging from large corporations to small closely held companies, but primarily litigating disputes in state and federal courts and mediation and arbitration proceedings throughout the country. Mr. Mroczkowski regularly advises clients on issues involving breach of contract, lien and bond claims, defects, defaults, complex commercial foreclosures, lease disputes, liquidations, bankruptcy preference, and fraudulent transfers.
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