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A Roadmap to Key Contracting Clauses for the Complex Construction Project in Owner/Contractor Construction Agreements: Negotiating Key Clauses that are Non-Starters
Produced on April 13, 2016
Course Information
Course Description
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
Credit Information
Faculty
Jeffrey Escobar
Norton Rose Fulbright US LLP
Jeffrey R. Escobar is Senior Counsel in the New York office of Norton Rose Fulbright US LLP. Concentrating on construction transactions and practices, he has led and advised clients on the development, construction and risk management of hundreds of large and complex vertical and horizontal construction projects across the country.
Jeffrey's practice primarily focuses on the negotiation, structuring, drafting and documenting of complex design, engineering and construction transactions representing both institutional and private clients, as well as the structuring, negotiating and drafting of joint venture and development agreements, development management agreements, property management agreements and project management agreements for an array of real estate development projects on behalf of project owners, real estate companies, closely-held developers and private equity funds.
Honored since 2014 as a New York Rising Star in Real Estate Construction in New York Super Lawyers by Thompson Reuters, Jeffrey continually provides clients with key insight and in-depth knowledge into every stage of real estate development, design and construction, from the construction of a professional sports arena and the only aerial commuter tramway system in the country in New York City, to the development and construction of luxury apartment communities in Los Angeles County and the development of renowned luxury-brand resorts and hotels in Hawaii and South Florida. From luxury resorts, hotels and leisure facilities, high-end fashion retail venues, commercial office buildings and skyscrapers and large scale residential development and apartment condominium complexes to healthcare and life science facilities, professional sports stadiums and entertainment venues, transportation facilities, infrastructure construction, and residential properties, there are no projects to small or too large that Jeffrey has not yet built.
From acquisition, finance, pen & pencil through shovel and gavel, Jeffrey provides clients with real “boots on the ground” and innovative advice and guidance through every stage of construction, applying a deep sense of practicality and business acumen to support clients in the successful completion and delivery of projects across the country and abroad.
Before joining Norton Rose Fulbright US LLP, Jeffrey led the construction practices services of the Real Estate group at one of the top ranked international corporate law firms in the country and was associated with the top Chambers-ranked construction law firm in the United States.
Reviews
If you handle CM/GC, PMSS, Design/Build agreements, this is an excellent refresher course.
Nice presentation.
all good
This seminar was excellent, right on point to what I was looking for.
Very helpful for project financing lawyers
Very nice.
Informative.
Discussion of Integration of AIA specifications with contractor pro visions was especially useful.
The sample language provided was extremely helpful.
Awesome.
Very informative and helpful.
Very good presentation.
Thanks,
Very useful course since I am involved in a large construction project now.
Knowledgable, good.
good course
Thorough coverage of the topic, good content in the written materials.
Good discussion of dealing with AIA docs, use of letters of credit v perf bond and anticipating site conditions.
Superb, detailed presentation.
good program
Excellent presentation.
This presenter was very knowledgeable and his info was able to be of practical usefulness.
Good practical information. Clear and concise presentation
Great detail.
Presenter was very informative. Good understanding of substantive issues and conveyed well verbally and in written materials.