Construction Contracts 101: Unpacking Design & Construction Contracts for the Successful Project


Live Broadcast on April 27, 2017

Through the use of a case study and real world examples, this two hour-long program will walk participants through an in-depth analysis of the essential terms and conditions that comprise every major design and construction contracting document of every construction project, including Owner/Architect agreements, Owner/Contractor agreements and Contractor/Subcontractor agreements, leaving participants with a roadmap of how to successfully draft and negotiate the key terms of any design or construction agreement that comes their way. Presented from the specialized perspective of legal advisors to owners and developers, prime general contractors and construction managers, the program will demystify and unpack how to quickly identify and understand project risks, highlight the preferred position of each project stakeholder, the best practices for negotiating key provisions favorable to a client’s position, and a proposed real-world resolution so that the participant will have a contracting toolbox necessary for the successful project.

Who should attend? This seminar will be practical and useful for any construction or real estate professional involved with the development and deployment of construction, as well as any construction practitioner who structures, documents, negotiates and prepares design and construction contracts or who litigates construction claims.

This course is co-sponsored by Wolters Kluwer.

Key topics to be discussed:

  • Examining the key provisions that comprise every design and construction agreement
    • Parties, consideration, term, performance, substantial performance and what it means to breach, remedies and potential damages
  • Understanding the differing types of design and construction contracts and why they matter
    • Contract Sums and Differing Bases for Payment
    • Relationships Between Parties
  • Form Agreements versus Custom Agreements
    • Differing Project Delivery Systems and Impacts on Your Project
  • Studying the roles and relationships of project participants and why their considerations differ
    • How the roles of owners, architects/engineers, construction managers, contractors, subcontractors and suppliers influence and shape their essential terms and conditions under a construction contract.
  • Introduction to the law of construction contract interpretation

Date / Time: April 27, 2017

  • 2:00 pm – 4:00 pm Eastern
  • 1:00 pm – 3:00 pm Central
  • 12:00 pm – 2:00 pm Mountain
  • 11:00 am – 1:00 pm Pacific

Choose a format:

  • Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
  • On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.



Jeffrey-EscobarJeffrey R. Escobar, Esq. is Counsel in the New York office of Chadbourne & Parke LLP. Concentrating on real estate development and construction transactions and practices, Mr. Escobar advises real estate companies, joint ventures, institutional owners, closely-held developers, lenders, investors, sponsors, project companies and private equity funds across the US and throughout the Americas on their financing and deployment of capital on complex and large-scale projects. Applying a deep sense of practicality and business acumen to support clients in the successful completion and delivery of projects across the country and abroad, Mr. Escobar provides clients with key insight and in-depth knowledge into every stage of project real estate development and construction. Focusing on the development and construction of commercial real estate and project financed ventures, as well as energy, infrastructure, transportation and renewable energy projects, Mr. Escobar has led hundreds of large and complex vertical and horizontal projects and a wide range of energy, infrastructure, and commercial real estate projects throughout the Americas — from the construction of a professional sports stadium and the only aerial commuter tramway system in the country in New York City to the development and construction of large luxury apartment communities in Los Angeles County and energy facilities in the Gulf of Mexico.

Specializing in the negotiation, structuring, drafting and documenting of complex non-traditional project financed, design, engineering procurement and construction transactions representing both institutional and private clients, Mr. Escobar’s practices also involves advising clients on the successful structuring, negotiating and drafting of real estate joint venture and development agreements, development management agreements, property and asset management agreements and project management agreements for an array of real estate development projects. Consistently since 2014, Mr. Escobar has been honored as a New York Rising Star in real estate construction and development, and he continues to be a well-recognized member of the construction and development community, serving on the New York City Bar Association’s Construction Law Committee as co-chair of its CLE Subcommittee and speaking at various engagements, including the New York City Bar’s annual “Construction Contracts 101” and “Construction Contracts 201” series, and has drafted leading articles including “How ‘Exacting’ Must an Indemnification Clause of a Contract Be to Entitle a Prevailing Party to Attorney’s Fees?” (NYSBA: Inside, Fall 2011, Vol. 20, No. 2), as well as “Does preparatory site work, such as clearing or grading, constitute commencement of construction for purposes of lien priority?: The dangers of failing to file a notice of lending and when a contractor’s mechanic’s lien takes priority over a construction loan mortgage” (Lexology USA, January 27, 2015). Mr. Escobar is also a committed advocate for responsible community development, serving on New York City’s Manhattan Community Board 8 as an appointed board member by the Manhattan Borough President and chairing its Roosevelt Island-Cornell Technion Task Force tasked with the community approval and management of the construction and development of the Cornell Tech NYC Graduate School and campus.

Representative Matters
• Provided key landmark advice to developer client on the legal ability and viability to use modular means and methods to construct the country’s tallest modular tower at the Atlantic Yards project in Brooklyn, New York.
• Structured and negotiated the development of the Baccarat Hotel & Residences in Manhattan, New York, including the provision of development and construction practices advice.
• Led, structured, negotiated and advised client on construction license agreements for the construction of the Tower Verre otherwise known as the MoMA Tower in New York City.
• Served as construction counsel to the owner of a professional Major League Soccer team in the development and construction of stadium, training facility, administrative and executive offices, including the mediation and negotiated settlement of various construction management, subcontract claims and lien foreclosure, averting possibleproject shutdown and failure of development.
• Acted as construction legal adviser to country’s largest Real Estate Investment Trust, reviewing all development and construction contracts and agreements for all new client developments nationwide, including providing legal advice and counsel as to transaction and potential client exposure to potential liability and industry best practices.
• Provided legal counsel and risk management guidance to large New York developer of a luxury residence at a Long Island City project, including advisory as to use of union labor versus non-union labor and crane operation requirements.
• Spearheaded and provided legal counsel to the development and construction of a contentious multi-hundred-million-dollar assisted living senior community and rehabilitation center in Boca Raton, Florida. Advise the world’s largest luxury-residential developer in its joint venture and partnership with an international hotel group in the construction and development of a luxury lodge, spa and residential complex in Breckenridge, Colorado.
• Successfully acted as US legal counsel to foreign design-build client in the construction of Roosevelt Island commuter aerial tramway system from project procurement and bid to the negotiation and administration of project’s contracts.
• Acted as lead counsel to the construction of the Battery Park Ferry Terminal, including loss recovery efforts from Port Authority and builder under OCIP policies for failures to properly complete topside work.
• Led global real estate developer in its construction financing, development and construction of a high-rise luxury tower, hotel and retail spaces consisting of 150 residential units in downtown Dallas, Texas.
• Spearheaded the development and construction by one of the country’s largest private developers of a luxury retail shopping, entertainment and hotel complex in downtown Phoenix, Arizona.
• Advised publicly-traded healthcare company in its joint venture development with a public university in its acquisition and development of a medical care campus and hospital in Houston metropolitan area.
• Acted as development counsel to a publicly-traded health care REIT in its procurement and redevelopment of a portfolio of medical care offices and facilities assets throughout Connecticut, including the ground-up acquisition and construction of two medical campuses.
• Provided real estate construction counsel to a prominent New York developer in its construction and development of luxury residential towers in Austin, Texas and downtown Milwaukee, Minnesota.
• Represented an internationally prominent, privately-held bank in the underwriting of a public-private partnership development of a 500,000 square foot entertainment complex and venue in Charlotte, North Carolina.
• Advised publicly-traded, S&P 500 healthcare company in its acquisition, development, construction and operation of medical care facilities, buildings, campuses and hospitals across the country, including its joint venture development with a large Japanese financial conglomerate and private equity firm of a portfolio of luxury senior and assisted living communities.
• Guided a foreign joint venture in its acquisition, development and construction of a 100-acre automobile manufacturing facility, commercial complex and distribution center in New Braunfels, Texas.
• Served as development legal advisor to one of the country’s largest Real Estate Investment Trusts in its rebranding, management and redevelopment of its hospitality CapEx and PIP assets nationwide.
• Negotiated, prepared and oversaw administration of construction and development contracts for multinational corporate client in the construction of their new global headquarters and offices at marquee location in Times Square.
• Served as construction legal counsel to international luxury retailer in its design, engineering, construction and development of its retail, operations and commercial office locations throughout North America.

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Accreditation Policy
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

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On-demand CLE
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myLawCLE offers a program and credit approval guarantee. If a registered attendee is unhappy with a CLE program they have attended, myLawCLE will offer that attended access to another complimentary CLE or a full refund in order to insure the attendeeís satisfaction.

Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. Construction Transactions: It’s Not Only About the Contractors and Subcontractors – It’s About the Deal
a) Contracting Design and Construction Liability from a Term Sheet Perspective: the key terms and conditions that every term sheet should answer
b) The Three Primary Areas of Concern when Structuring a Construction Deal

Section II. Construction Contract Formation: the Legal Bedrock to your Project
a) Necessary Parts of a Typical Design or Construction Contract
b) Defining Contractual Relationships
c) How you should Structure and Paper a Typical Construction Deal
d) Design and Construction Form Agreements: Advantages and Disadvantages of Using the Form, Which Form to Use, When to Use Them and Why it Matters
e) Defining the Design & Construction Parties
f) Three Key Decisions to be Made When Determining What Kind of Construction Contract You Should Use
g) Major Contract Types, their effect on the Chosen Project Delivery Method and Why it Maters
h) Demystifying the Morass of What it Means to be an Owner’s Representative, Construction Manager as Agent, Construction Manager at Risk & General Contractor
i. The Differing Bases of Payment on Every Construction Project, What it Means for Your Client and How to Properly Structure the Contract Sum

Section III. Does My Client Really Need a Construction Lawyer? – Scratching the Surface of Construction Contract Interpretation and Introduction to Construction Law