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Construction Contracts: Drafting Tips, Pitfalls and Case Law

presented by NBI, Inc.
View the NBI, Inc. Profile and Course Listings


Construction Contracts: Drafting Tips, Pitfalls and Case Law

Workshop Description/Agenda

Dig Deeper Into Key Provisions and Draft Against Surprises

Construction projects are rife with risks. While construction contracts can add that layer of protection clients need, contract mistakes and ambiguities can put them on the fast path to financial disaster. This focused course will dig deep into provisions at the heart of most construction disputes and provide you with tips and language to prevent them from happening to your clients. Learn how to draft airtight construction contracts - register today!

  • Help clients choose the type of contract and form agreement that works best for them.
  • Learn how to draft a scope of work provision that leaves no room for misinterpretation.
  • Prevent change orders from turning into contentious and expensive disputes.
  • Gain practical insights for navigating the minefield of delay damages.
  • Reduce your client's exposure with carefully crafted indemnification and insurance provisions.


  1. Types of Contracts and Form Agreements: Making the Right Choice
    11:00 - 11:45, Jeffrey P. Brahan
    1. Lump Sum
    2. Time and Materials
    3. Cost-Plus
    4. Unit Price
    5. Guaranteed Maximum Price
    6. AIA Construction Forms
    7. ConsensusDOCS
    8. Other Form Contracts: DBIA, EJCDC, FHWA
    9. How Contracts Differ for Different Project Delivery Methods
  2. Scope of Work Clauses: Clearly Laying Out Performance Obligations
    11:45 - 12:30, Andrew G. Vicknair
    1. Top 7 Provisions at the Heart of Construction Litigation
    2. Specifically Defining the Scope of Work
    3. Gaps in the Scope of Work
    4. Provisions That Can Expand the Scope of Work
    5. Scope of Work Provisions Gone Wrong - Case Law Review
  3. Carefully Crafting Payment Provisions
    12:45 - 1:15, John A. Adams
    1. Pay-if-Paid vs. Pay-When-Paid
    2. Language to Ensure Prompt Payment
    3. Construction Contract Payment Remedies
  4. Changes and Differing Site Conditions: Preventing Disputes
    1:15 - 2:00, Adrian A. D'Arcy
    1. Changes in Work Clauses
    2. Change Orders vs. Construction Change Directives
    3. Differing Site Conditions Clause
    4. Cardinal Change Doctrine
    5. When Contractors Proceed without Securing a Written Change Order
    6. Change or Part of Original Scope of Work? Case Studies
  5. Delay and Damage Provisions: Drafting Tips, Pitfalls and Case Law
    2:30 - 3:15, Jeffrey P. Brahan
    1. Inexcusable and Excusable Delays
    2. Compensable Delays
    3. Concurrent Delays
    4. Damages Despite Early Completion
    5. Liquidated Damages Provisions
    6. No Damages for Delays
    7. Mutual Waiver of Consequential Damages
    8. Acceleration Damages
  6. Insurance and Indemnity: Protecting Against Claims and Losses
    3:15 - 4:00, John A. Adams
    1. Inherent Risks
    2. Construction Contract Indemnity Clauses
    3. Insurance Provisions in Construction Contracts
    4. Additional Insured Provisions & Endorsements
    5. Subrogation Waivers
    6. Limits on Liability
    7. Warranties and Guarantees
  7. Termination and Disputes: Creating a Roadmap
    4:15 - 5:00, Adrian A. D'Arcy
    1. Contract Termination: "For Convenience," "For Cause"
    2. Alternative Dispute Resolution
    3. Choice of Law and Jurisdiction
  8. Legal Ethics for Construction Attorneys
    5:00 - 6:00, John A. Adams
    1. Conflicts of Interest
    2. Disclosure During Negotiations
    3. Communication of Risk Transfers
    4. Attorneys' Fees

Who Should Attend

This program covers construction contract drafting for attorneys. It may also benefit paralegals and construction executives.

Additional Information

Training Provider: NBI, Inc.

Course Topics: Law Training > Construction

Training Course Summary: Construction Contracts: Drafting Tips, Pitfalls and Case Law