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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

    Thursday, April 30, 2020

  • 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.


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE course will examine several distinct versions of AIA construction contracts that attempt to allocate the costs between the contractor and the owner. The panel will explain the advantages and disadvantages of guaranteed maximum price (GMP) agreements, comparing a cost-plus contract with and without a GMP, and a fixed-cost construction contract, while providing counsel on best practices for drafting these agreements.

Faculty

Gary L. Brown
Partner
Kelley Kronenberg

Mr. Brown is a Partner in the firm’s Fort Lauderdale office and is the Head of the firm’s Construction Practice Group. He focuses his practice on complex commercial and general business litigation. He is Board Certified by The Florida Bar in Construction Law.





Overseeing the firm’s construction practice, Mr. Brown assists businesses in both complex and routine matters with substantial experience in construction-related issues. He has tremendous experience handling construction matters in state and federal, trial and appellate courts, throughout Florida. Mr. Brown has conducted numerous trials and arbitrations to a successful conclusion for his clients. He is well versed in handling matters related to contract drafting and negotiation, dispute resolution, Florida’s construction lien law, payment and performance bond claims, construction and design defect claims, delay, inefficiency, and acceleration claims, and insurance/coverage disputes.





Mr. Brown also represents municipalities and local governments in all aspects of public works projects including procurement documents, bid protests, and construction and design agreements.

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Ray Garcia
Sr. Attorney
Law Office of Ray Garcia, PA

Mr. Garcia is the senior attorney at the Law Office of Ray Garcia, P.A. He was born in Miami, Florida. Mr. Garcia is a graduate of Nova Southeastern University Shepard Broad Law Center (J.D.). He has been admitted to the Florida Bar since 1997 and is a Board Certified Real Estate Lawyer. Mr. Garcia is also AV Rated by Martindale Hubbell.

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Description

Construction projects can run smoothly if all key parties to the project, including the owner, architect, contractor, subcontractors, and potentially others, clearly understand any pricing and scope limitations of each party, as most disputes center around these areas.

Construction counsel should work with key partners in any project to determine how best to structure pricing from their client’s perspective--an essential factor in finalizing a deal. Ensuring clearly defined scope of services and crafting well-structured contracts also play a crucial role. There are benefits and drawbacks between various association “form” contracts, and each should be carefully considered to ensure the one selected accomplishes the desired goals.

Although construction industry associations provide standard construction forms, construction counsel should not rely on the standard form alone! Counsel should tailor the contract to the particular needs of the project and parties, carefully negotiating critical provisions, and anticipating common areas of dispute.

Listen as our panel of construction practitioners experienced in routinely negotiating these types of contracts best addresses the ins and outs of these contracts and provides guidance on best practices. The panel will discuss critical clauses to include in the agreements and provide strategies for avoiding common drafting pitfalls and resolving contract disputes.

Outline

  1. Overview
  2. Cost-plus (with and without a GMP)
    1. Budgeting
    2. Scheduling
    3. Scope of services
    4. Logistics
  3. Fixed cost
    1. Budgeting
    2. Scheduling
    3. Scope of services
    4. Logistics
  4. Insurance and indemnification
  5. Project changes and delays
  6. Dispute resolution and termination

Benefits

The panel will review these and other key issues:

  • What are the main types of cost structuring in construction contracts and what distinguishes each form from the others?
  • Is there a best form of price structuring that addresses future scope of service disputes?
  • What factors should construction counsel consider when tailoring a professional association standard form to a particular project?