Modular Construction Contracts: Integrating Components and Deliveries, Delays, Lien Challenges, and Risk of Loss

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Real Property - Transactions
- event Date
Wednesday, February 23, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will advise construction counsel of the legal issues in the emerging trend of modular construction. The panel will address best practices for handling disputes when separately engineered components fail to integrate and coordinate projects and delivery to eliminate delays. The panel will address how lien laws affect prefabricated construction and the risk of loss issues during the transport of components.
Faculty

Mr. Hedberg is a member of the firm’s Construction Law Group, with more than 20 years of experience handling complex construction and commercial matters for his clients, both as a transactional attorney and as an experienced litigator. In addition to his legal experience, prior to becoming an attorney, Mr. Hedberg practiced as a licensed civil and structural engineer for over 10 years, thereby gaining an in-depth knowledge and understanding of all phases of a construction project. His client base includes a wide array of construction industry participants, including public, institutional and private project owners, developers, general and specialty contractors, design professionals, manufacturers, sureties, and insurance companies. Mr. Hedberg represents clients in federal and state courts and before arbitration panels and administrative governmental tribunals on all types of project-related claims and disputes to meet his clients’ specific needs and objectives.

Mr. Schwartz’ practice focuses on construction litigation. He represents contractors, subcontractors, design professionals, owners, and other parties on both private and public construction projects. Prior to joining the firm, Mr. Schwartz was an attorney at a Philadelphia law firm where he defended owners, contractors, and subcontractors against catastrophic injury and construction defect claims.

Mr. Pasakarnis’ practice is focused on all aspects of the construction industry. He has represented a wide range of construction industry participants, including general contractors, subcontractors, manufacturers, project owners, and design professionals. Mr. Pasakarnis frequently advises clients on bidding issues, contract negotiation and drafting, payment issues, liens and bonds, litigation, arbitration, and dispute resolution. His experience includes many trials and arbitrations concerning construction and professional liability claims. Prior to becoming a construction lawyer, Mr. Pasakarnis gained significant work experience as a field engineer and construction surveyor with two major Boston contractors working on highly complex construction projects, including the Central Artery/Tunnel Project (“Big Dig”) and the Silver Line Tunnel Project in South Boston.
Description
The National Institute of Building Sciences Off-Site Counsel recently stated that “More than 87% of construction managers, general contractors, engineers, trade contractors, architects, owners and developers used some form of prefabrication in the past 12 months.”
With the explosive use of prefabrication and modular construction, Construction industry participants should be aware of the hidden risks and legal issues unique to modular construction and prefabrication that may adversely impact any project.
Listen as our panel of experienced construction attorneys discusses the unique challenges and risks inherent in prefabrication and modular construction, and provides project management and contract drafting tips for managing these risks.
Outline
- Modular Construction and Prefabrication
- Why the growing use?
- What are the hidden risks?
- Identifying the Risks
- Can I just use the same form contract?
- Goods v. Services
- Common Law v. UCC
- Subcontractor v. Manufacturer
- Managing the Risk – The ConsensusDocs 753
- Fabrication Site v. Worksite
- Subcontractor or Manufacturer
- Warranties
- Incorporating the Prime Contract
- Default
- QA/QC
- Other Issues
- State Law Issues
- Insurance and Bonds
- Transportation/Shipping Issues
- Lien rights
- Project Management - Best practices
- Financial management
- QA/QC
- Record keeping
- Following the contract
Benefits
The panel will address these and other key issues:
- How can counsel coordinate scheduling and delivery of components to prefabricated construction projects?
- What insurance should modular construction projects require?
- When do suppliers of prefabricated components have lien rights?
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