BarbriSFCourseDetails

Course Details

This CLE course will explain key terms and conditions in the ConsensusDocs Construction Contracts Documents. You will learn the most significant provisions of the prime and subcontractor agreements used in the design-bid-build, design-build, and CM At-Risk agreements. This webinar will outline how owners, developers, and contractors--and their counsel--can utilize these documents to consider in developing construction agreements.

Faculty

Description

Construction associations representing designers, owners, and contractors jointly released a set of standard construction agreements known as ConsensusDocs over a decade ago to improve the contractual relationship between owners, contractors, architects, and engineers in construction projects. These agreements have become the second most used standard contracts in the construction industry.

In 2017, ConsensusDocs published comprehensive updates to its most used agreements. The material changes cover many issues, including builders risk insurance, termination, payment, notice, scheduling, design delegation, indemnification, the fiduciary relationship, dispute resolution and mitigation, insurance, clarifications, directed changes, bond penal sums, and differing site conditions.

Listen as our panel of experts reviews the highest priority issues addressed by the ConsensusDocs industry standard documents, discusses how the ConsensusDocs forms differ from previous versions, and explains the benefits and legal implications of using the specific provisions of the contracts to protect client interests.

Outline

  1. Overview of ConsensusDocs
  2. Key issues addressed by ConsensusDocs
    1. Risk allocation
    2. Indemnity
    3. Damages
    4. Dispute resolution
    5. Payments
  3. Practical effects and considerations
    1. Waiver of consequential damages
    2. Architect's role versus contractor's role
    3. Access to owner's financial information
    4. Dispute resolution
    5. Project administration
    6. Indemnification
    7. Change orders and directives
  4. Legal implications of using the ConsensusDocs documents

Benefits

The panel will review these and other essential questions:

  • How to leverage the most updated and important revisions to industry standard contracts in contract negotiations
  • How do ConsensusDocs contracts provide an alternative to the American Institute of Architects (AIA) and which projects would benefit from exploring this viable alternative?
  • What key issues do the ConsensusDocs contract documents address?