Community Association Construction Projects: Negotiation and Drafting Strategies; Mitigating Risk for Stakeholders

This CLE webinar will provide a comprehensive overview of negotiating and drafting construction contracts for projects involving community associations, whether representing the association or contractors. The panel will address key terms that should be considered for each party that may be unique to these types of projects and offer best practices for mitigating the risk of disputes.

At some point, community associations, whether homeowners or condominium associations (collectively, the association), face major construction projects involving common areas that will require entering into a construction contract. Due to the large sums of money being expended and the potential for issues to arise related to defective work, the association must perform due diligence in advance of the project and when selecting contractors to minimize the risk of future disputes and ensure the terms of the agreement protect its interests. 

Key terms contained within these types of agreements include those related to scope of work and construction schedule, payments and variable costs, warranties, change orders, insurance and indemnification, and termination and dispute resolution. 

Additionally, certain terms may require more negotiation between the parties depending on who most benefits, such as a mechanic's lien provision giving the contractor the right to record a lien against the association's property to secure the reasonable value of labor and materials provided. Because the foreclosure of a lien against association property could have significant impacts on community operation, terms such as these require heightened scrutiny by association counsel.

Listen as our authoritative panel provides a comprehensive overview of negotiating and drafting construction contracts for projects involving community associations. The panel will address key terms that should be considered that may be unique to these types of projects and offer best practices for mitigating the risk of disputes.