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About the Course
Introduction
This CLE webinar will address the Trump administration's new and proposed tariffs, the resulting impact on U.S.-based construction projects, and best strategies for project participants to mitigate associated risks.
Description
In an increasingly interconnected global economy, the imposition of tariffs can have profound implications on the construction industry. From supply chain disruptions to cost overruns and project delays--project participants may encounter numerous variables that will impact their business and project goals.
Pre-contractual strategies, including the evaluation of supply chain and sourcing options, should be explored by counsel prior to contracting. In addition, key contractual provisions--including price escalation clauses, force majeure, shared-risk provisions, consequential damages waivers, indemnification provisions, among others--can help shift and/or prevent risk associated with new tariffs.
Listen as our expert panel examines the impact of new tariffs on the construction industry and discusses best practices for mitigating risk through both pre-contract and contract negotiation strategies.
Presented By
Mr. Ameli is a registered professional civil engineer with 11 years of experience in construction cost advisory, quantification of damages, calculation of lost productivity, construction cost estimation, and allocation of the responsibility of damages. His project experience includes solar farms, rare earth mineral extraction plants, hazardous material recycling facilities, transit centers, wastewater treatment plants, sports arenas, performing arts centers, hospitality, class A office buildings, multi-family residential complexes, and custom single-family homes. Mr. Ameli has authored numerous expert reports that led to successful settlements and has testified in trials and arbitration hearings.
Mr. Leonelli focuses his practice on strategic counseling and dispute resolution in the areas of construction and engineering, manufacturing and supply, energy (conventional and renewable), and commercial disputes. Justin takes pride in providing results-oriented legal solutions to help clients navigate complex challenges, mitigate risk, and secure favorable outcomes. As a part of his construction practice, Mr. Leonelli represents owners and contractors on public and private construction projects globally. He services his clients through all project phases as both project counsel and litigation counsel. Mr. Leonelli also assists clients in negotiating supply agreements and navigating manufacturing-related disputes. He has significant experience with domestic and international supply issues that implicate both the UCC and United Nations Convention on Contracts.
Mr. Wickard is a construction lawyer, concentrating his practice on dispute resolution, construction contract negotiation, and public procurement. He has a very active procurement practice, handling local, state, and federal bid protest proceedings throughout the country and advising clients on a multitude of issues that arise during and after the procurement process. He also has familiarity with public records and sunshine acts and routinely assists clients obtain public records or maintain the confidentiality of their own information submitted to public agencies. Mr. Wickard’s litigation practice includes representing clients in disputes subject to arbitration, before a number of state and federal courts and before government agencies with respect to a wide variety of matters. He has extensive construction litigation experience and has represented owners, contractors, subcontractors, suppliers, engineers, and architects in various disputes involving scheduling, delay, inefficiency claims, defective work, mechanics’ liens, prompt payment claims, bond and insurance claims. Mr. Wickard also has a very active construction transaction practice. He drafts, negotiates and advises on all types of construction and design contracts. He has extensive experience with all AIA contract forms. He has drafted and negotiated numerous construction and design contracts for a wide variety of domestic and international projects.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, March 18, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Introduction
- Overview of proposed tariffs and risks for the construction industry
- What are currently imposed tariffs
- Case study of the previously imposed U.S. steel tariffs
- Potential impacts of currently imposed tariffs on the construction industry
- Pre-drafting considerations
- Evaluating current supply chain dependencies
- Diversify sourcing options
- Stockpile materials
- Long-term fix-rate supply contracts
- Drafting strategies to mitigate risk
- Price escalation clauses
- Index-based adjustments
- Cost pass-through
- Cap on escalation
- Material/supplier substitution provisions
- Force majeure
- Shared-risk mechanisms
- Cost-sharing
- Savings sharing
- Price review/adjustment periods
- Consequential damages disclaimers
- Indemnification
- Warranty
- Termination for convenience
- Insurance and bonds
- Price escalation clauses
- Practitioner takeaways
The panel will review these and other key considerations:
- What supply chain challenges face construction clients under the new tariffs?
- What pre-drafting considerations issues should counsel and their clients consider?
- What contractual provisions should be included in project agreements to mitigate the risk of supply chain issues for the parties?
- What non-contractual considerations should counsel and clients examine in relation to the new tariffs?
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