Construction Professional Services Agreements
Key Provisions, Common Areas of Dispute, and Streamlined Contract Negotiations
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Corporate Tax
- event Date
Thursday, January 18, 2018
- schedule Time
1:00 PM E.T.
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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The CLE course will provide construction counsel with guidance for crafting key provisions in construction professional services agreements (PSAs). The panel will discuss clauses that should be carefully negotiated in the agreements and strategies to avoid common drafting pitfalls and resolve contract disputes.
Mr. Ciotti’s practice is focused on all aspects of the construction industry. He has substantial experience representing general contractors, construction managers, subcontractors, prefabricators, modular builders, suppliers, and owners/developers in construction-related matters, including all aspects of construction law, contractual disputes, lien work, bond claims, construction and design defect claims, bid disputes, in litigation and dispute resolution. Mr. Ciotti has litigated cases/issues before all levels of courts in numerous jurisdictions throughout the country, arbitrated disputes nationally, and advocated on behalf of clients using various forms of dispute resolution. He also has broad experience in construction transactional work, drafting and negotiating contract documents for all types of project delivery including, integrated project delivery and other highly collaborative delivery methods, design-bid-build, design build, CM-at-Risk, and other more traditional methods for both public and private projects. He is also a nationally recognized speaker and author and has presented on a myriad of construction related topics, on behalf of over 50 different organizations.
Mr. Schollaert provides strategic and tactical advice to his clients at every stage of the construction process – from contract drafting and review through project close-out and dispute resolution. He represents general contractors, owners, sureties, subcontractors and suppliers on private and public construction projects, and also provides general litigation, complex commercial litigation, mediation and arbitration representation. His practice focuses on dispute avoidance, contract administration and the preparation and defense of claims involving payment disputes, project delays and disruptions, wrongful termination, construction and design defects, and related matters.
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.
- Overview
- Standard form agreements
- International work
- Common issues
- Key provisions
- Scope of services
- Limitation of liability
- Indemnification
- Insurance
- Intellectual property
- Assignment
- Third-party beneficiaries
- Payment
- Termination
- 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?
