Construction Contracts are lengthy and complicated legal documents that contain many controversial risk-shifting provisions that require the detailed negotiations. The seminar will use the unique approach of discussing several of these key provisions from the perspective of the Owner, General Contractor and Subcontractor. Through role playing by experienced construction lawyers, we will analyze and then negotiate several common general contract and subcontract provisions that are often viewed as one-sided, such as:

• Owner’s right to suspend or terminate for convenience
• Pay If Paid clauses
• Non-recourse/claim liability limited to whatever general contractor obtains from owner
• No damage for delay
• Provisions allowing the general contractor to direct out-of-sequence work
• Contractor’s right to demand proof of financing
• Liquidated Damages
• Waiver of Consequential Damages
• Indemnification
• Warranties
• Non-Recourse Clauses
• Force Majeure/Excusable Delay Clauses
• Investigation Clauses
• Arbitration Clauses
• Indemnity