Construction projects carry a lot of risk. Your clients rely on your expertise to ensure they're protected under a favorable and enforceable contract. While each clause should be read carefully, some provisions need your special attention before your client signs. This program will cover nine red flag provisions at the center of construction contract negotiations and litigation. Learn how to strategically safeguard clients from unexpected losses and disputes - register today!
Create a scope of work provision that leaves no room for misinterpretation down the road.
Prevent breakdowns with change orders using drafting best practices and practical advice.
Structure indemnity clauses that mitigate risk and withstand court scrutiny.
Payment and Schedules - Avoiding Disruptions and Payment Disputes
Scope of Work, Performance Duties and Time - Ensuring They're Clear and Complete
Flow Down Clauses - Forestalling Issues
Project Changes and Change Orders - Circumventing Problems
Differing or Hidden Site Conditions - Minimizing Surprises and Conflicts
Delays Provision - Tips From Both Perspectives
Damages Clauses - Liquidated Damages, Waiver of Damages, No Damages for Delay
Indemnify, Defend, Hold Harmless - Strategically Shifting Risk
Termination for Convenience - Avoiding Costly Conflict
LUKE MAHER is a partner at Norton Rose Fulbright US LLP. Mr. Maher focuses his dispute resolution and litigation practice on commercial litigation, with a particular emphasis on construction disputes. He advises public and private clients in a number of industries, including construction, finance, franchise, insurance, manufacturing, real estate, and transportation. Mr. Maher has significant experience in the courtroom, including federal trial experience. He has litigated in state and federal courts at both the trial and appellate levels, and also has extensive arbitration and mediation experience. In addition to his disputes practice, Mr. Maher represents clients in negotiation and drafting of development, construction, design, engineering, and related agreements. He represents owner, developer, and contractor clients in public and private construction projects, including hotels, energy and power plant facilities, condominium and multifamily residential housing developments, healthcare facilities, entertainment complexes, and shopping centers. Mr. Maher also advises owner, developer and contractor clients involved in ongoing construction projects with respect to preservation of contract claims and defenses and best practices for preparing for impending dispute resolution. He is a member of the Illinois State Bar Association and The Missouri Bar. He received his B.A. degree in management information systems from the University of Notre Dame and his J.D. degree from St. Louis University School of Law.
TODD R. WELLS is an attorney at Norton Rose Fulbright US LLP. Mr. Wells primarily practices in the area of construction disputes. He has experience ranging from initial pleadings all the way through appeals. In particular, Mr. Wells has significant experience in motion practice. He is admitted to practice in Missouri and Illinois, as well as the U.S. District Court for the Southern District of Illinois. Mr. Wells received his B.B.A. degree from Wichita State University and his J.D. degree from Washington University School of Law.
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