Negotiating Construction Contracts

About the Course:

This course discusses key construction contract negotiating considerations such as scope of work, change orders, incentives and negotiating in the shadow of bankruptcy. The session also provides many examples of good and bad drafting of construction contract clauses. Such example clauses relate to:

  • Flow-Through Contracts;
  • Time is of the Essence Clauses;
  • No Damages for Delays Clauses;
  • Indemnifications;
  • Warranty Language; and,
  • Job Safety Provisions

Among the issues during this session are:

  • What happens to general contractors when their subcontractors go into bankruptcy?
  • How do you negotiate which state's law will control when companies in a variety of states are negotiating construction contracts? When do Master Agreements control?
  • What is retainage? What are a contractor's post-construction obligations? How should the warranties be negotiated?
  • Which provisions should be carved out of construction contracts due to force majeure?
  • What is the significance of 'pay-if-paid' statutes?
  • How enforceable are liquidated damages clauses in construction contracts?
  • How do waivers of consequential damages clauses impact direct damages?
  • What are the differences between broad-form indemnities and intermediate-form indemnities?
  • What do you need to know about 'design delegation'?

Course Leader: Stephanie O'Rourke, Principal, Cokinos, Bosien & Young

Ms. O'Rourke concentrates her practice in the area of litigation. She has been involved in a broad spectrum of litigation matters, from representing general contractors, subcontractors and suppliers in multimillion dollar construction disputes to representing insurance companies in complex coverage disputes. Ms. O'Rourke is a frequent speaker and author and is "AV" rated by Martindale-Hubbell peer review ratings, the highest rating possible. She was most recently chosen by her peers as one of San Antonio's best lawyers in the area of construction litigation in Scene in S.A. Monthly magazine's annual survey in 2010.

Course Length: Approx. 1.0 hours

$175.00 PER USER

Purchase Now:

Need help purchasing this course? Please contact Neomi Barazani at 609-919-1895 ext. 100 or at