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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, March 7, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will brief construction counsel on the use of collaborative construction contracts for complex and international construction projects. The panel will discuss the key requirements for collaborative contracting, advantages and disadvantages, and best practices for reducing disputes and maximizing efficiency so projects can be completed on time and on budget.

Faculty

Peter Kamminga
JAMS Mediator, Arbitrator, Referee/Special Master, Neutral Evaluator
JAMS

Dr. Peter Kamminga is an expert in collaborative contracting and a neutral with more than 20 years of experience as an international mediator, arbitrator, DRB-member, and resolver of complex disputes in the U.S., Europe, and globally. He has consulted on many billion+ dollar construction projects and has successfully resolved hundreds of complex disputes involving multiple parties, sophisticated questions of law, and aggregate values of millions or billions of dollars involving a variety of sectors including the energy, construction, and real estate industries as well as financial, tech, and health care. His extensive mediation experience includes both two-party cases and matters involving up to 20 or more parties. Educated both in the U.S. (Columbia and Harvard University) and in Europe Dr. Kamminga is fluent in English and Dutch and has an excellent working knowledge of German and French.

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Christopher S. Houston
Partner
Taft Stettinius & Hollister LLP

Mr. Houston has vast experience and expertise in negotiating and drafting construction contracts employing various delivery models, including IPD, DB, DBB, CMAR, CMMP, and PPP. While his practice is focused on construction contract drafting, he has a rich history in general real estate and development issues. As a part of his real estate practice, Mr. Houston advises clients on legal issues encountered with acquisitions, development, land use and zoning, financing, commercial leasing (office/retail/industrial), and title. Specifically, he acts as outside counsel to a major multi-state hospital network, where he negotiates medical office leases, ground leases, and purchase and sale agreements.

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Description

Complex and international construction projects often involve unique hurdles that traditional contract project delivery cannot overcome especially due to current global trends and market forces. Traditional contract models often position owners, contractors, engineers, and other stakeholders in adversarial relationships from the start of the project which leads to project delays, quality issues, and complicated claims. Many studies show that over time, the construction industry has declined in productivity when compared to other major industries. One of the most significant causes of low productivity and heightened disputes is the misalignment of commercial interests among stakeholders caused by traditional contracting methods.

In contrast, collaborative contracting models, including alliance contracting, integrated project delivery, and other progressive models on mega projects have resulted in a greater level of schedule, price, and overall project certainty. In the collaborative contract context, owners and all stakeholders are integrated into a single contract that optimizes early collaboration and significantly reduces disputes.

Some of the advantages of collaborative contracting include better transparency, flexibility, cost savings from early risk management and adversarial dispute resolution, and optimal working relationships among stakeholders centered on a culture of trust and collaboration instead of confrontation. Some of the potential disadvantages of collaborative contracting can include some of the stakeholders not embracing a "no fault/no blame" mindset with potential disputes, defects, and poor performance. Also, some project owners and contractors are uncertain as to how to negotiate, draft, and perform collaborative contracts and may fall victim to old habits that undermine good faith, trust, and collaboration.

Listen as our distinguished panel of construction attorneys discusses trends, key requirements and benefits of collaborative contracting, the multiple factors that drive a project's success both nationally and globally, and the potential challenges and risks of collaborative contracting. The panel will also address best practices for construction counsel when crafting dispute resolution provisions in the collaborative contract context.

Outline

  1. Overview of collaborative contracting in the construction industry
    1. Key differences between traditional and collaborative contracting models
  2. Advantages of collaborative contracting
  3. Disadvantages of collaborative contracting
  4. Dispute resolution and other issues
  5. Best practices for building a more collaborative culture

Benefits

The panel will cover these and other key issues:

  • What projects are suitable for collaborative contracting and what are some practical considerations for successful implementation?
  • What are the advantages and disadvantages of collaborative contracting?
  • What are best practices for drafting dispute resolution provisions in the collaborative contract context?