Contract Killer Clauses in Construction: And How to Neutralize Them

IMG
Instructor
Brian Perlberg
Duration: 60 Minutes
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Overview:

Studies demonstrate that just 5 contract clauses can raise prices up to 20% and lead project failure and litigation claims. What are examples of poorly drafted killer clauses and how can you avoid them to get better project results.

Hear from Brian Perlberg who is counsel to an industry coalition effort called ConsensusDocs which includes the endorsement of 40+ leading design and construction associations to draft best practice contracts that allocate risk fairly to the party that is in the best position to control and mitigate risk. You will learn how to facilitate better project results and better risk management for all parties.

Why you should Attend:

Traditional construction process create contractual silos that dramaticaly increase claims, litigation, costs, and schedule delays. Understand and identify common obstacles for achieving project success, and learn how to build a better foundation to build by aligning parties interest for success.

Areas Covered in the Session:

  • Identify "killer clauses" in construction contracts
  • What's the problem and the cure for exculpatory risk shifiting contracts clauses
  • Contracting strategies and examples to How can you neutralize killer clause
  • What are best practice contract clausess with fair risk allocation

Who Will Benefit:

  • All stakeholders to the construction process
  • Engineers
  • Architects
  • Owners
  • General Contractors
  • Speciality Contractors and Suppliers
  • Construction Managers and Design-Buidlers
  • Surety and Bonding
  • Insurance Professionals


Speaker Profile

Brian Perlberg is Executive Director and Senior Counsel for ConsensusDocs, a coalition of 40+ construction organizations dedicated to drafting best practice construction contracts. He serves on the ABA Forum on the Construction Industry Steering Committee for the Contract Documents, National Construction Dispute Resolution Committee (NCDRC) of the Arbitration Association of America (AAA), the Advisory Board to Construction SuperConference, and WPL Publishing.