This seminar will promote hands-on learning for the attendees by breaking into small groups to analyze a proposed owner/design professional contract for a theoretical construction project. Each group will assume the role of either the owner or the design professional, and will draft and negotiate contract terms from the perspective of its assigned role. Throughout the day, the speakers will meet with each group individually to answer questions and present different perspectives on drafting and negotiating contract terms. The seminar will conclude with a panel discussion of the day's work, including questions and comments from the seminar attendees.
- Standard-form v. made-from-scratch contracts
- Contracts as a method of allocating risk
- Dirty words and deadly provisions in A/E contracts
- The role of insurance in A/E contracts
- Public owner's, private owner's and A/E's perspectives on A/E contracts
- The attendee will be able to analyze key terms for professional design services agreements.
- The attendee will be able to draft key terms for professional design services agreements.
- The attendee will be able to negotiate key terms for professional design services agreements.
9:00 a.m. - 9:10 a.m.
I. Program Overview
9:10 a.m. - 10:30 a.m.
II. Contracts For Professional Design Services From The Public
Owner's, Private Owner's And A/E's Perspectives
A. Standard-Form v. Made-From-Scratch Contracts
B. Limitations Of Liability
C. Allocation Of Risk
D. The Role Of Insurance
E. Defining Deliverables
F. Authorship And Ownership Of Instruments Of Service
G. Changes In Services
H. The Standard Of Care
I. Dirty Words And Deadly Provisions
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 1:15 p.m. [12:15 p.m. - 1:15 Working Lunch (Included)]
III. Review Contract And Draft Proposed Modifications
A. Attendees Will Divide Into Small Groups And Be Assigned The Role Of Owner Or A/E
B. Each Small Group Will Review And Analyze A Contract For A Theoretical Project From Their Assigned Perspective
C. Panel Members Will Visit Each Group, Answer Questions And Review The Group's Progress
1:15 p.m. - 3:15 p.m.
IV. Draft And Negotiate Proposed Modifications
A. Each Group Will Continue To Analyze And Modify The Contract
B. Panel Members Will Visit Each Group, Answer Questions, Review The Group's Progress And Discuss Contract Terms From The Opposing Party's Perspective
3:15 p.m. - 3:30 p.m.
3:30 p.m. - 4:30 p.m.
V. Panel Discussion And Questions And Answers