Emerging Issues in Construction Law: What You Need to Know in 2017 and Beyond
The construction industry, along with its wide range of hazardous activities, is generally exposed to risks, disputes and pitfalls on a daily basis. Construction law mainly deals with all the legal aspects surrounding contract law and governs disputes between parties involved in the construction process. Under the new administration, remarkable alterations and developments are expected to come and redesign the construction law landscape.
In this LIVE Webcast, a team of thought leaders and professionals assembled by The Knowledge Group will provide the audience with an in-depth analysis of the fundamentals as well as recent developments and emerging issues in Construction Law. Speakers will highlight the most important aspects and trends surrounding this significant topic.
Key topics include:
- Construction Law - An Overview
- Recent Amendments to the Construction Law
- Significant Alterations
- Scope and Limitations
- Ethical Issues and Considerations
- Trends and Developments
Matthew S. Quinn, Esq., Founding Partner
Quinn McCabe LLP
Hits and Misses: A Review of the More Significant Changes in the Recently Released 2017 AIA Contract Documents
- Highlighted Changes to the Owner/Architect Agreements Include:
- A single Sustainable Exhibit is added to address the risks and responsibilities associated with sustainable services that can be attached to any AIA document.
- The Architect is no longer required to re-design for no additional compensation if it could not have reasonably anticipated the market conditions that caused the bids or proposals to exceed the owner’s budget.
- A fill point is added to prompt the parties to discuss and insert an appropriate “Termination Fee” for terminations for convenience.
- Highlighted Changes to the Owner/Contractor Agreements Include:
- A new exhibit is added with comprehensive insurance and bonding provisions that can be attached to many of the AIA owner/contractor agreements.
- The ability of the owner and contractor to directly communicate is expanded while maintaining the requirement that the architect be kept informed about communications affecting its services.
- The contractor is required to indemnify the owner for liens filed by subcontractors provided the contractor has been paid.
Peter C. Sheridan, Partner
Glaser Weil Fink Howard Avchen & Shapiro LLP
- Effect of AIA changes in exhibit provisions
- Consolidation and Joinder rules under State law and the FAA – how to get to arbitration and stay there.
- Avoid “endless” arbitrator selection
- Waive personal jurisdiction and venue objections
- Stipulate/agree to all preconditions for application of the FAA
- Who decides arbitrability?
- How to obtain the consent to arbitration of all professionals, contractors, and subs to a Uniform Arbitration clause.
- How much “structure” (case management) should be agreed to up-front? Discovery and motion waivers and the like.
- On residential construction, can an agreement to arbitrate be passed-through to the initial and subsequent buyers?
Who Should Attend:
- Construction Lawyers
- Construction Industry Professionals
- Risk Managers
- Contractors and Subcontractors
- Owners of Construction Projects
- Litigation Officers
- Insurance Lawyers
- Human Resource Department
For over two decades, Matthew Quinn has successfully represented prominent clients in the design and construction industries, including national and multi-national corporate, professional and institutional firms, major commercial developers, building owners, construction managers, architects and engineers. Mr. Quinn skillfully and effectively represents his clients in litigations, arbitrations and other dispute resolution forums with a focus on design- and construction-related claims. He also negotiates and advises clients regarding agreements relating to construction projects, including residential, commercial and public developments.
Mr. Quinn advises and represents clients in connection with legal issues arising during the course of construction projects, including those unique to urban settings. He provides general counseling services, advising clients on business-related matters, insurance issues and employment policies and practices. Mr. Quinn also counsels and represents clients regarding business formation and ownership transfer, including drafting and negotiating organizational and purchase agreements.
For over two decades, Matthew Quinn has successfully represented prominent clients in the design and construction industries, including national and …
Peter C. Sheridan, the Chair of Glaser Weil’s Construction Law Practice Group, heads a team of Firm attorneys who focus on construction law primarily and also handle complex real estate, eminent domain and inverse condemnation cases. He represents owners, developers and architects in California, Nevada and internationally.
Mr. Sheridan litigates and tries cases in all courts and before JAMS and AAA on a variety of issues, including construction close-out and defects, design error, delay, and related construction disputes. He has negotiated and renegotiated scores of construction and design contracts for U.S.-based and international clients and has litigated and negotiated all-risk, commercial and project-specific CCIP and OCIP insurance for multi-billion dollar projects.
Mr. Sheridan’s focus on construction has also allowed him to develop a specialty in construction disputes involving very large hotels, casinos and resorts, such as the Bacara Resort and Spa in Santa Barbara, Diamond Resorts in Kaanapali, Maui and Poipu, Kauai, City Center in Las Vegas, Baha Mar in Nassau, Bahamas, and La Quinta Resort in La Quinta, California.
Mr. Sheridan has been recognized four years in a row (2013-2016) as one of the top 100 Irish lawyers in the United States by the Irish Legal 100 (www.irishlegal100.com) (created by the Irish Voice newspaper) and is proud of his Irish heritage.
Peter C. Sheridan, the Chair of Glaser Weil’s Construction Law Practice Group, heads a team of Firm attorneys who focus …
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Method of Presentation:
Experience in construction law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
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About Quinn McCabe LLP
Founded by experienced construction law attorneys Matthew S. Quinn and Christopher P. McCabe in 2006, Quinn McCabe LLP has an unmatched combination of legal expertise and deep knowledge of the design and construction process. The firm’s attorneys work side by side with owners, developers, architects, engineers, construction managers, contractors and other design and construction professionals. The Quinn McCabe team advises its clients on how to minimize risk and maximize potential for each of their projects, from kick-off to completion – and beyond. Quinn McCabe understands its clients’ projects and businesses and is able to navigate through any challenges that arise. Surpassing the expected level of service, Quinn McCabe’s attorneys frequently visit clients’ construction sites, give on-site advice, and assist at critical junctures. In short, Quinn McCabe assists its clients in achieving their goals and building their success.
About Glaser Weil Fink Howard Avchen & Shapiro LLP
Glaser Weil, based in Los Angeles, is one of the country’s premier full-service law firms. Advising a roster of diverse, selective clients — from start-ups and large global corporations to high-profile entertainers and other well-known individuals — Glaser Weil represents clients’ interests with an unprecedented level of dedication and commitment.
Whatever the matter, the firm’s commitment to exceptional legal representation remains constant and lays the groundwork for all they do for clients locally, nationally and throughout the world. Since Glaser Weil’s beginnings, the firm never lost sight of their most non-negotiable mission: To provide their clients with the imaginative, astute, responsive — and enormously dedicated — service that is in their best business and personal interest. Simply put, their clients’ goals are the Firm’s goals, and anything less than top-notch, accomplished and successful representation is not an option.