Many design professionals, even those involved in large, sophisticated projects, do not fully appreciate that provisions of the Owner-Contractor agreement can directly affect their services and their potential liability. Indeed, many design professionals are often blissfully unaware of the existence or importance of such provisions until they are dragged into a lawsuit because of inconsistent requirements and/or expectations that either the Owner or the Contractor derived from their agreement.
It is critical that the design professional thoroughly understand the Owner-Contractor agreement in order to avoid potentially project-threatening disagreements rooted in the divergent viewpoints of the Owner and the Contractor. Provisions within the owner-contractor agreement that can materially affect design services and construction administration services provided by design professionals include those addressing the following issues:
- Planning phase
- Responsibility for performance
specification work - Change orders
- Reporting requirements
- Progress payments
- Contingencies
- Construction means & methods
| - Responsibility for delays and liquidated
damages - Shop drawing review
- Provisions regarding electronic
documents or building modeling - Default declarations & terminations for cause
- Inspections, observations and responsibility
for “discovering” defective work
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This program will discuss the nuances of these provisions and explain how a clear understanding can fundamentally affect and alter the relationship between the Design Professional and the Owner:
- Learning Objective 1: Improve knowledge of general contracts
- Learning Objective 2: Better understand Owner’s objectives
- Learning Objective 3: Better understand Contractor’s objectives
- Learning Objective 4: Avoid conflicts with Contractors and/or Owners
Your Presenters:
 | James J. Terry, Partner
Zetlin & DeChiara
James J. Terry, a partner at Zetlin & De Chiara LLP with more than 30 years of construction and surety law experience, focuses his practice on litigation, contract preparation/negotiation and general counseling. Mr. Terry holds the notable AV rating for ethical standards and legal ability from Martindale Hubbell and has been named a New York Super Lawyer in the practice area of construction/surety law by Super Lawyers magazine. Prior to joining the firm, Mr. Terry served as Vice President/General Counsel of F. J. Sciame Construction Co., Inc., and as a Partner of Winston & Strawn.
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 | David Abramovitz, Principal
Zetlin & DeChiara
David Abramovitz, a Principal with Zetlin & De Chiara, focuses his practice on advising design, development, and construction industry clients during complex commercial and construction disputes. Mr. Abramovitz drafts and negotiates construction and other contracts for projects throughout the United States and overseas and provides counsel on risk management, insurance and dispute- avoidance issues. Mr. Abramovitz represents owners, developers, design professionals and contractors in all aspects of construction and related matters.
During law school, Mr. Abramovitz served as Articles Editor for the Georgetown Journal of Legal Ethics. |
