About the Course
Introduction
This CLE webinar will examine the challenges associated with major subsurface construction projects and how counsel may help client stakeholders mitigate the risk of future disputes through careful contractual drafting and by selecting a project delivery method that helps limit the types of issues inherent in these projects.
Description
Major subsurface construction projects are complex and often result in disputes. These projects present unique challenges including an increased uncertainty of subsurface conditions and how the surrounding ground mass will react to excavation, which could impact project requirements including deadlines, limited physical access to the worksite, and multiparty stakeholders involved in the project.
Given that the uncertainty of subsurface conditions may require midstream project modifications, poorly drafted contractual provisions that do not allow for such modifications, or the selection of a project delivery method—defining the relationship between owners, contractors, and design professionals and assigning risk—that is not a good fit for the project can cause further problems in an already challenging situation, giving rise to disputes.
Construction counsel should understand the risks involved in major subsurface projects and how to mitigate possible disputes before significant challenges arise in the middle of the project.
Listen as our expert panel discusses heightened risks associated with major subsurface projects and how to mitigate these risks through selecting the right project delivery method and careful contractual drafting.
Presented By
Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations, suppliers, sureties, and owners in a myriad of construction matters including, without limitation, construction/design defect claims, schedule-based claims (including inefficiency, lost productivity, and acceleration claims), bid protests, payment disputes, lien and bond claims, liability and property insurance issues, and a host of other issues that affect the construction industry. He prepares and negotiates construction contracts for clients utilizing AIA, EJCDC, and AGC industry form documents, as well as contracts that are not based on an industry form document.
.jpg)
Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects, suppliers, manufacturers and vendors in connection with construction, commercial and other business matters. His practice primarily consists of drafting and reviewing construction contracts, providing advice during construction and construction litigation, arbitration and mediation. Mr. Cahalan was the primary drafter of the Associated Owners and Developers’ AOD 2002 – Standard Form of Agreement Between Owner and Contractor Where the Price Is Fixed or Lump Sum, and the Associated Owners and Developers’ AOD 2003 – Standard Form of Agreement Between Owner and Contractor for Work on a Cost Plus Fee Basis With a Guaranteed Maximum Price. He has also given numerous seminars throughout the U.S. and Europe concerning construction contracts, implied contract obligations, claims, green building, construction insurance, and mechanics lien law. Since 2010, Mr. Cahalan has been an instructor at the Georgia Institute of Technology where he teaches Design and Construction Law.
Mr. Sherman is an experienced construction attorney with significant construction transactional, consulting, and litigation experience. In this capacity, he assists construction project owners, developers, general contractors, construction management firms, subcontractors, and material suppliers with real-time project consulting, drafting and negotiating all manner of construction agreements and forms, and with prosecuting and defending construction disputes. Mr. Sherman is a frequent lecturer on insurance law matters.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Tuesday, February 3, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Introduction
II. Common causes of subsurface construction project disputes
A. Differing site conditions
B. Conflict as to roles and responsibilities
C. Disputes related to the chosen project delivery method and how risk is assigned
D. Others
III. Frequently litigated claims related to subsurface construction projects
IV. Key contractual provisions to mitigate dispute risks
A. Roles, responsibilities, risk allocation
B. Modifications
C. Others
V. Non-contractual steps to mitigate dispute risks
A. Due diligence including surveys and data assessment
B. Selecting the right project delivery method
C. Others
VI. Practitioner takeaways
The panel will review these and other important issues:
- What challenges are unique to major subsurface construction projects, leading to what frequently litigated claims?
- What contractual provisions may mitigate these risks? What are best practices for negotiating and drafting these provisions in project agreements?
- How does the selection of project delivery method impact the possibility of future disputes? What types of project delivery methods are best for major subsurface construction projects?
Related Courses
Interstate Land Sales Full Disclosure Act: Registration Requirements and Exemptions, Enforcement
Thursday, February 5, 2026
1:00 p.m. ET./10:00 a.m. PT
Discovery Requests in Construction Litigation: Proportionality Arguments and Reasonable Response Time Under Federal and State Rules
Tuesday, March 3, 2026
1:00 p.m. ET/10:00 a.m. PT
