Construction Professional Services Agreements

A complex construction project will only run smoothly if all parties to the project—the owner, architect, contractor, subcontractors, materials suppliers and potentially many others—clearly understand the goals of the project and the responsibilities of each party.

The PSA provides clarity for the parties by outlining the scope of services to be performed, relevant milestones, payment terms, acceptance criteria and due dates. The PSA also addresses risk allocation, contingencies and liability limitations.

Although construction industry associations provide standard PSA forms, construction counsel should not rely on standard and boilerplate language when drafting PSAs. Rather, counsel should tailor the PSA to the specific project, carefully negotiate key provisions and anticipate common areas of dispute.

Listen as our panel of construction practitioners experienced in negotiating PSAs discusses best practices for drafting and negotiating the agreements. The panel will discuss key clauses that should be included in the contracts, and provide strategies for avoiding common drafting pitfalls and resolving contract disputes.

1. Overview
   1. Standard form agreements
   2. International work
   3. Common issues
2. Key provisions
   1. Scope of services
   2. Limitation of liability
   3. Indemnification
   4. Insurance
   5. Intellectual property
   6. Assignment
   7. Third-party beneficiaries
   8. Payment
   9. Termination
   10. Dispute resolution

The panel will review these and other key issues:

• What contract terms are most frequently included in PSAs?
• What factors should construction counsel take into account when tailoring a professional association standard PSA form to a particular project?
• What are the most commonly negotiated or disputed issues during contract negotiations and what are some effective strategies for resolving them?