Understanding ConsensusDocs Construction Contracts: What Lawyers Need to Know
Default for Builders Risk, Indemnification, Notice, Payment, Dispute Mitigation and Resolution, and Bond Penal Sum

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Real Property - Transactions
- event Date
Tuesday, February 21, 2023
- 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 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

Mr. Beck’s practice focuses on construction law, government contracts, and commercial litigation. He is experienced with a broad range of construction issues, problems, and disputes. Mr. Beck’s experience includes representing clients on a wide variety of public and private construction projects throughout the U.S. and abroad. He has drafted and reviewed thousands of design and construction contracts on behalf of owner, developer, general contractor, subcontractor, supplier, architect/engineer, consultant, surety, design/builder, and construction manager clients. He is also an experienced arbitrator and mediator of construction claims and disputes. Mr. Beck has successfully tried construction cases before a variety of forums, including numerous state and federal courts, several federal Boards of Contract Appeals, and various state and local administrative bodies.

Mr. Scotti focuses his practice in the areas of construction law, complex commercial litigation and real estate with an emphasis in construction litigation, construction contracts and project counseling. Mr. Scotti has represented owners, developers, architects, engineers, EPC contractors, general contractors and subcontractors on a wide variety of construction projects including power plants, steel plants, dams, bridges, roads, aerial tramways, hospitals, prisons, sports stadiums, schools, churches, office buildings, public housing, mixed-use developments and housing developments. He has extensive experience in drafting and negotiating design and construction contracts and in providing project counseling regarding dispute avoidance. Mr. Scotti has represented clients regarding both domestic and international disputes in federal and state trial and appellate courts, the Armed Services Board of Contract Appeals, the Pennsylvania Board of Claims, the International Chamber of Commerce, the International Centre for Dispute Resolution and the American Arbitration Association. He has concentrated his practice in the area of construction law for over 30 years.

Mr. Gregory provides practical preventative advice on all aspects of a project, from bid to punch list, including bidding (responsibility, responsiveness, mistaken bids and conditional bids); construction contracts (review and revision of AIA, AGC, ConsensusDOCS and other trade association forms, design-build, construction manager, architect, contractor and subcontractor agreements, purchase orders, and special clauses, such as No Damage for Delay and Contingent Payment); and risk management (insurance and indemnity). Mr. Gregory has also been involved in many of the most sizeable and important cases impacting the construction industry over the last 30 years, including disputes concerning: bid challenges, claims (differing site conditions, defects, defaults and performance bond claims, change order disputes, equitable adjustments, and liquidated damages); mechanic’s liens (notices of furnishing, notices of commencement, lien waivers, lien filings and foreclosures); and prompt payment (collections, payment bond claims, and recovery of interest and attorney’s fees under federal and state prompt payment acts).
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
- Overview of ConsensusDocs
- Key issues addressed by ConsensusDocs
- Risk allocation
- Indemnity
- Damages
- Dispute resolution
- Payments
- Practical effects and considerations
- Waiver of consequential damages
- Architect's role versus contractor's role
- Access to owner's financial information
- Dispute resolution
- Project administration
- Indemnification
- Change orders and directives
- 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?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Related Courses

Leveraging Public-Private Partnerships for Project Development: Deal Structures and Documentation
Thursday, May 29, 2025
1:00 p.m. ET./10:00 a.m. PT

30(b)(6) Depositions for Construction Claims: Deposing and Defending the Corporate Witness
Wednesday, May 28, 2025
1:00 p.m. ET./10:00 a.m. PT

Foreign Ownership of U.S. Real Estate: Increased Government Scrutiny, Administrative Obligations, and Penalties
Wednesday, May 28, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Explore the Advantages of Consistent Legal Language
- Learning & Development
- Business & Professional Skills
- Talent Development
How to Build a Standout Personal Brand Without Sacrificing Billable Hours
- Career Advancement