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Key Construction Contract Provisions: Understand the Potential Risks and Liabilities Involved

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Negotiating construction contracts can be tricky and extremely risky. Potential risk and liability lies around every corner of a construction project and unknowingly assuming that risk can put your company in harm’s way. If you fail to recognize, assess and properly allocate those risks, your company could become involved in timely and expensive disputes and ultimately be responsible for liability that could put your company out of business. Don’t sign construction contracts blindly and risk the viability of your company.

Participants will be able to minimize liability by: 

 

  • Learning key construction provisions that appear in almost every construction contract:
    –  Indemnification 
    –  Insurance 
    –  Liquidated Damages 
    –  Waiver of Consequential Damages   
    –  Delay (e.g. No-Damage-for-Delay, Force Majeure, etc.) 
    –  Warranty/Correction Obligations 
    –  Differing Site Conditions 
    –  Termination
  •  

  • Identifying the allocation of risk and liability within those key provisions
  • Negotiating an equitable allocation of those risks and liabilities
  • And much, much more!

 

Armed with this knowledge, you will be able to sign your next construction contract with your eyes wide open and properly protect your company. 

 

Who Will Benefit?


This seminar is designed for attorneys, owners, developers, contractors, construction managers, project managers, consultants, architects, engineers, presidents, vice presidents, controllers and other construction professionals.

 

Our Presenters:

      

 


Scott P. Pence, Attorney
Carlton Fields, P.A.

Scott is an attorney in the Tampa office of Carlton Fields, P.A., practicing construction and real estate law. His practice is focused primarily on reviewing, drafting, negotiating and administering design and construction contracts for both public and private projects, where he represents owners, developers, contractors and design professionals. He is a member of the ABA’s Real Property, Probate and Trust Law Section and the Forum on the Construction Industry. He is on the Executive Council of the Real Property Probate and Trust Law Section of the Florida Bar of which he is also a member of the Construction Law Committee and the Green Building Subcommittee. Mr. Pence received his B.A. degree in mathematics from George Mason University and his J.D. degree from William & Mary Law School.  

 Mark Smith, Shareholder
Carlton Fields, PA

Mark is a shareholder in the Tampa office of Carlton Fields, P.A., practicing in construction law. His practice focuses exclusively on construction law. He represents owners, developers, and contractors in all aspects of construction litigation. He is a member of the ABA’s Forum on the Construction Industry and The Florida Bar Real Property, Probate and Trust Law Section’s Construction Law Committee. He serves on the Board of Directors of the Construction Management Association of America’s Gulf Coast Chapter. Mr. Smith received his B.A. degree in political science from Yale University and his J.D. degree from The University of Michigan Law School.
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