A Roadmap to Key Contracting Clauses for the Complex Construction Project in Owner/Contractor Construction Agreements: Negotiating Key Clauses that are Non-Starters

Through the use of a case study and real world examples, this hour-long advanced program by attorney Jeffrey R. Escobar provides participants with a roadmap on negotiating key contentious clauses in Owner/Contractor construction agreements that every construction and real estate development professional should understand when faced with structuring a complex construction project. Highlighting highly risky provisions that often go overlooked – such as clauses that seek letters of credit or alternate forms of project underwriting versus performance and payment bonds, as well as above-market differing site condition provisions which impose a constructive knowledge standard on a contractor – Mr. Escobar concentrates on how to successfully identify, navigate and negotiate such provisions from the specialized perspective of owners, developers, primes construction managers, contractors and their respective legal advisors, and provides participants with real-world resolutions. His program also takes a closer look at how to successfully draft and negotiate termination for cause provisions to avoid improper termination claims, as well as the importance of incorporation provisions throughout a construction agreement. He wraps up with an update on the current legal trends and recent touchstone decisions in the world of mechanic’s liens and how to best tackle these challenges when you come up against them on your project.

Who should attend? This seminar will be practical and useful for any construction or real estate professional involved with the development and deployment of construction, as well as any construction practitioner who prepares construction contracts or who litigates construction claims, especially those who structure, document and negotiate large and complex construction projects.

Learning Objectives:

I.     Learn how to successfully identify, navigate, and negotiate complex construction provisions

II.    Understand how to spot high-risk provisions in construction agreements

III.   Better grasp how to successfully draft and negotiate termination for cause provisions

IV.   Identify current legal trends and recent touchstone decisions in the world of mechanic’s liens