This seminar is designed for project managers, presidents and vice presidents, contractors, subcontractors, risk managers, developers, owners, principals, engineers, architects, lenders, insurance professionals, attorneys, accountants, and other construction professionals.
Topics to be discussed will include the following:
• Allocating Risks Of Design Errors
• Allocating Risks Of Unexpected Site Conditions
• Allocating Risks Of Construction Errors And Delays
• Allocating Risks Of Payment And Non-Payment
9:00 a.m. - 9:15 a.m.
9:15 a.m. - 10:45 a.m.
II. Allocating Risks Of Design Errors
A. The Dilemma For The Construction Owner: Implied Warranty Of The Plans And Specifications vs. Professional Negligence Standard
B. The Dilemma For The A-E: Constraints On Fee As They Relate To Ability To Produce High-Quality Documents
C. Level Of Completeness Required For Design Documents Pre-Bid
D. Constructability (Peer) Reviews As A Method For Improving Quality Of Documents
E. Shifting The Risk Of Design Errors To The Contractor
1. Pre-Bid Review Of Construction Documents
2. Coordination And Layout Drawings
3. Field Verification
F. Who Should Bear Which Risks: Owner vs. Contractor vs. Design Professional
10:45 a.m. - 11:00 a.m.
11:00 a.m. - 12:00 p.m.
III. Allocating Risks Of Unexpected
A. The Differing Site Condition Clause
B. Shifting The Risk
C. Who Should Bear The Risk?
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:45 p.m.
IV. Allocating Risks Of Construction
Errors And Delays
A. Role Of The Architect
1. Inspection vs. Review
2. Submittals – Timeliness Of Submittal And Speed Of Review
3. Substitutions And “Or Equals”
4. Conflicts In The Design Documents
5. Authority To Make Changes
B. Role Of Inspector
1. Authority To Stop Work And Effect Of Failure To Do So
2. Responsibility For Interpreting Contract Documents
3. Conflicts In The Work
4. Responsibility For Resolving Conflicts
C. Role Of Construction Manager
1. Inspection And Review
2. Role In Distribution Of Information
3. Responsibility For Interpreting Contract Documents
4. Responsibility For Identifying Problems And Ensuring Timely Resolution
5. Role In Assigning Responsibility For Problems And Consequent Liability For Owner
6. Authority To Make Changes And Responsibility For Changes
7. Exposure To Liquidated Damages
D. Role Of Contractor
1. Means And Methods
2. Responsibility For Following/ Interpreting Contract Documents
3. Responsibility For Identifying Problems And Ensuring Timely Completion
4. Effect Of Inspections
5. Effect Of Payment
E. Role Of Owner
1. Owner-Furnished Materials
2. Coordination Of Multiple Contractors
3. Owner-Initiated Changes
4. Response Time To Questions
5. Prompt Payment Processing
6. Appropriate Management Of A-E, CM And Other Consultants
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 4:15 p.m.
V. Allocating Risks Of Payment
A. Pay If Paid Clauses
B. No Damages For Delay Clauses
C. Liquidation Clauses
D. Right To Stop Work
E. Payment Bonds And Other Forms Of Security
4:15 p.m. - 4:30 p.m.
VI. Question Period