Negotiating Construction Contract Clauses

Overview: 

Join us for a 90-minute interactive webinar designed specifically for construction and legal professionals. This workshop will equip lawyers, paralegals and construction executives with practical strategies and techniques for effectively negotiating critical construction contract clauses. Through real-world case examples, and expert guidance, participants will learn how to identify risk areas, protect their clients' interests, and achieve balanced outcomes in construction contract negotiations. Whether you represent owners, contractors, or subcontractors, this session will provide valuable insights to strengthen your negotiation skills in the construction industry.

Key Clauses & Negotiation Strategies:

• Payment Terms and Retainage: Master negotiation techniques for milestone payments, retainage percentages, and release conditions. Learn to balance cash flow protection with project security, and understand the impact of prompt payment statutes on contract language.
• Change Order Provisions: Navigate the complexities of change order clauses, including notice requirements, pricing methodologies, and time extension provisions. Discover strategies to minimize disputes and establish clear procedures for scope modifications.
• Delay and Liquidated Damages: Negotiate fair liquidated damages provisions, force majeure clauses, and time extension rights. Learn to differentiate between excusable and compensable delays, and protect your client from unfair penalty provisions.
• Indemnification and Insurance Requirements: Develop strategies for negotiating indemnity clauses, insurance limits, and additional insured requirements. Understand how to balance risk allocation while ensuring enforceability under state law.
• Dispute Resolution Mechanisms: Evaluate and negotiate arbitration, mediation, and litigation provisions. Learn when to advocate for each forum and how to structure multi-tiered dispute resolution clauses that protect your client's interests.
• Warranty and Defect Provisions: Negotiate warranty periods, defect notification procedures, and correction obligations. Understand the interplay between express warranties, implied warranties, and statutory requirements.

Course Objective: 

This 90-minute interactive webinar equips construction and legal professionals with practical skills to negotiate key construction contract clauses effectively. Participants will learn to identify and mitigate risk, balance competing interests, and protect client objectives through informed negotiation of payment terms, change orders, delays, indemnity, dispute resolution, and warranty provisions. By the end of the session, attendees will be able to apply industry standards, draft clearer contracts, and achieve fair, enforceable, and balanced outcomes in construction contract negotiations.

Target Audience: 

• Attorneys representing owners, general contractors, subcontractors, and design professionals
• Paralegals supporting construction law practices
• In-house counsel for construction companies and development firms
• Legal professionals new to construction law or seeking to strengthen their negotiation skills
• Construction Executives, including Project Managers

Basic Knowledge: 

No prior experience in construction law is necessary. However, basic knowledge of contract law principles is recommended. This course is designed for both newcomers to construction law and experienced practitioners looking to refine their negotiation techniques.