Risk Shifting or Risk Sharing? Which One Is It?
Everyone talks about shifting risk and managing risks, but this program will get into the nuts and bolts of how that is actually done, both from the owner's and contractor's perspective. Join in and pick up some tips that will enhance your bargaining position in your next negotiation.
Randy Allen (playing the part of the intractable contractor) and John Cook (playing the part of the obstinate owner) let you into their mock negotiation of many of the major issues of a construction contract, including:
- Payment Provisions
- Design Risk
- Indemnification and Insurance
- Delay / Time Extension Provisions
- Liquidated Damages
- Consequential Damages
- Termination Provisions
- Warranty Provisions
- Differing Site Clause
- Disputes Provisions
This training CD is ideal for those who participate in the negotiation of construction contracts, including owners, contractors, subcontractors and lawyers. The provisions discussed will be relevant to design-bid-build and design-build projects.
The keys to effective negotiation are 1) knowing when to avoid butting heads on issues of little significance and 2) making sure that you "stick to your guns" on others. To be an effective negotiator you must understand not just what is important to you, but also what is important to your counterpart in the negotiations. This program will let you inside the heads of the negotiators for a first-hand look at the strategies and rules of construction contract negotiations.
This event features key insights from our knowledgeable panel of construction attorneys:
Randall Allen has specialized in construction law for over 35 years, representing owners, contractors, subcontractors and sureties in a variety of matters including contract negotiation, the preparation and defense of claims, and dispute resolution in mediation, arbitration and litigation. Randy has published and spoken extensively on these subjects before professional and industry groups. Formerly a partner in the firm of Smith, Pachter, McWhorter & Allen, he established a solo practice in 2006 as Randall C. Allen, PC, in Leesburg, Virginia. Randy graduated with honors from the George Washington University Law School and earned a degree in accounting from the University of Iowa.
John Marshall Cook is a Partner at Smith, Pachter, McWhorter PLC in Vienna, Virginia. John practices construction law, serving clients that include large, international construction and engineering companies, subcontractors, local governments and industrial owners. He has served as project counsel for the owners on the construction of several large industrial facilities, advising them on everything from project delivery systems to contract negotiations to handling of claims. He has written and lectured on a variety of construction law issues and served as an instructor for a Contract Claims Course offered through the George Washington University, Government Contracts Program.
