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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Wednesday, March 12, 2025

  • 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 advise construction counsel on 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 coordinating 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

Michael I. Schwartz
Attorney
Cohen Seglias Pallas Greenhall & Furman, PC

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. 

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Seth M. Pasakarnis
Partner
Hinckley Allen & Snyder LLP

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.

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Description

A National Institute of Building Sciences Off-Site Counsel survey found that more than 87% of participants, including construction managers, general contractors, engineers, trade contractors, architects, owners, and developers, used some form of prefabrication in the prior year.

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

  1. Modular construction and prefabrication
    1. Why the growing use?
    2. What are the hidden risks?
  2. Identifying the risks
    1. Can I just use the same form contract?
    2. Goods vs. services
    3. Common law vs. UCC
    4. Subcontractor vs. manufacturer
  3. Managing the risk: ConsensusDocs 753
    1. Fabrication site vs. worksite
    2. Subcontractor or manufacturer
    3. Warranties
    4. Incorporating the prime contract
    5. Default
      1. QA/QC
  4. Other issues
    1. State law issues
    2. Insurance and bonds
    3. Transportation/shipping issues
    4. Lien rights
  5. Project management best practices
    1. Financial management
    2. QA/QC
    3. Record keeping
    4. 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?