BarbriSFCourseDetails
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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

    Wednesday, August 31, 2022

  • 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 course will advise construction counsel on the unique issues related to high-end residential construction. The panel will discuss the issues with delayed permitting and acquiring proper insurance, as well as hiring both an architect and general contractor that meets the project's needs. The panel will address what specifics should be in the construction contract, when an owner should consider hiring a representative to act as their "eyes and ears" on a project, and what issues may arise in litigation on these types of properties.

Faculty

Matthew R. Skaroff
Attorney
Cohen Seglias Pallas Greenhall & Furman, PC

Mr. Skaroff concentrates his practice in construction litigation and represents contractors, subcontractors, design professionals, owners, and other parties concerning private and public construction projects. He also has substantial experience in domestic and international transactional work, business formation and structuring, and in matters related to intellectual property, namely trademarks and trade secrets.

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Robert C. Carlson
Partner
Koeller Nebeker Carlson Haluck, LLP

Mr. Carlson’s practice is centered around trial and preparation for trial. Since the beginning of the firm, he has been the “go to” partner for trial work. Mr. Carlson has tried many trials to verdict in both state courts and federal courts.  His trials and the subsequent appeals have steered the law in several states in a direction favorable to a fair resolution for the firm’s clients. 

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Description

The high-end residential construction market, properties in excess of a million dollars, has exploded despite current inflation and fears of looming recession. Median home prices in the U.S. now approach $500,000 and the number of $10 million homes doubled in 2021.

Much like other sectors of the economy, high-end owners are likely to face substantial delay issues during construction. Issues ranging from permitting in desirable locations to climate issues to construction management can trigger delays when completing a project. Due to some of these issues the ability to obtain insurance can be cost prohibitive.

As with any project, but particularly with high-end construction, hiring the right general contractor with the appropriate experience is equally essential. Considerations should be given to prior projects the contractor has completed in the locale of the project, the depth and experience of the team members who will be performing the work, and the proposed project management. Owners should also consider whether to retain an owner's representative, who can assist in the review of the schedule as it progresses and offer suggestions for maintaining or expediting schedules.

Use of an owner’s representative may assist if, and when, litigation arises. Emotional owners and builders often let their feelings override resolution of the problems and mediation of the parties is necessary to allow cooler heads to prevail. Regardless of the budget, many residential projects lack the formality of written agreements and insurance may limit recovery in the absence of indemnification agreements and other documentation with subcontractors.

Listen as the expert panel discusses the considerations in high-end residential construction and what counsel for various stakeholders should consider when negotiating terms and monitoring the completion of such a project and what issues may arise in the course of litigation due to defect claim.

Outline

  1. High-end construction
    1. Permitting delays
    2. Insurance
    3. Architect and general contractor selection
      1. Project management team
      2. Owner's representative
    4. Construction contract
    5. Force majeure
    6. Delivery delays
  2. Litigation concerns
    1. Emotions
    2. Lack of contract or contract terms
    3. Insurance
  3. Other best practices

Benefits

The panel will discuss these and other key topics:

  • How can delays due to permitting and supply chain disruptions be mitigated in high-end construction?
  • What options exist for high-end construction stakeholders when insurance is unavailable?
  • How do owners evaluate a general contractor for high-end construction?
  • What specific provisions should be in a construction contract?