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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

(1k+ reviews)

Produced on April 13, 2016

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$ 59 Contract and Real Estate In Stock
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Course Information

Time 1h 3m
Difficulty Beginner
Topics covered in this course: Contract Real Estate

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

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .


Jeffrey R. Escobar

Dorsey & Whitney LLP

Jeff advises horizontal and vertical project owners, real estate companies, joint ventures, institutional owners, closely-held developers, lenders, investors, sponsors, project companies, private and public utility companies and private equity funds across the US and throughout the Americas on their financing and deployment of capital on their most complex and large-scale commercial real estate, energy, infrastructure, transportation, and renewable energy projects. Applying a deep sense of practicality and business acumen, Jeff provides clients with key insight and in-depth knowledge into every stage of project and real estate development, construction and financing.

From the construction of a professional sports stadium and the only aerial commuter tramway system in the country in New York City, to the development and construction of large luxury apartment communities in Los Angeles County and the engineering of energy facilities in the Gulf of Mexico, Jeff has led hundreds of large and complex vertical and horizontal projects spanning the Americas on behalf of key players in the merchant gas and energy, renewable energy, infrastructure, and commercial real estate industries and spaces.

Truly, there is no commercial, energy, infrastructure, real estate, construction or development project too large or too small that Jeff has not had experience leading.


Barry F.

Good, practical course.

steve d.

Excellent written materials

nancy d.

Informative Informative

Michael V.

If you handle CM/GC, PMSS, Design/Build agreements, this is an excellent refresher course.

John S.

Nice presentation.

Robert Mel G.

all good

Frank P.

This seminar was excellent, right on point to what I was looking for.

Daniel S.

Very helpful for project financing lawyers

Gerard M.

Very nice.

Jeff R.


Raymond K.

Discussion of Integration of AIA specifications with contractor pro visions was especially useful.

Kaneedreck A.

The sample language provided was extremely helpful.

John G.


Allan S.

Very informative and helpful.

Randall C.

Very good presentation.

Jason S.


Thaddeus A.

Very useful course since I am involved in a large construction project now.

Gar H.

Knowledgable, good.

Steven B.

good course

Steven W.

Thorough coverage of the topic, good content in the written materials.

Anthony N.

Good discussion of dealing with AIA docs, use of letters of credit v perf bond and anticipating site conditions.

George S.

Superb, detailed presentation.

Miriam S.

good program

Steven B.

Excellent presentation.

Robert C.

This presenter was very knowledgeable and his info was able to be of practical usefulness.

Daniela F.

Good practical information. Clear and concise presentation

David D.

Great detail.

Todd C.

Presenter was very informative. Good understanding of substantive issues and conveyed well verbally and in written materials.

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