Learn basic contract principles, key concepts, and how these agreements best serve the project participants’ needs.
Owners and contractors often execute professional service agreements with design professionals that are either standard form agreements or agreements prepared by the owner, general contractor, or their counsel. These agreements may run the gamut from overly complex, to simplistic. They also may contain a mixture of conflicting business and legal terms. Project participants executing professional service agreements may lack a basic understanding of basic contract principles, key concepts, and/or how these agreements best serve the project participants’ needs. This presentation will help you better understand the importance of these legal documents, how the obligations in a contract are made binding, critical professional service contract provisions (including the context and interplay between key terms like indemnity, insurance, and limitation of liability), how a project participant’s role in the project may impact contract negotiations, as well as consideration of mitigation strategies to minimize a project participant’s risks.
Learning Objectives
- You will be able to define the definition of a binding contract.
- You will be able to describe the pros and cons of using standard form agreements.
- You will be able to explain key contract provisions every agreement should have and how the perspective of the parties drives negotiation.
- You will be able to recognize the biases contract drafters insert into agreements
Agenda
Contract Overview
- Discussion of What Makes a Contract Enforceable
- Reasons to Use Standard Form Agreements
- Presentation of Standard Form Professional Agreements (AIA, EJCDC, Consensus Docs, DBIA, etc.)
Considerations for Negotiating Professional Service Agreements
- Perspective of Project Participant Influences Negotiation
- Project Types
- Potential Risks
Key Contract Provisions for Professional Services Agreements
- Scope of Work/Responsibilities
- Indemnity
- Insurance
- PLI
- CGL
- Limitation of Liability
- Interplay Between Indemnity, Insurance, and Limitation of Liability
- Payment
- Attorneys’ Fees and Costs
- Other Provisions
Changes
- Types of Changes
- Modification of the Contract Should Be in Writing
Contract Disputes
- Strive for Clarity - No Ambiguity
- Interpretation of Contract Disputes
- Dispute Resolution Mechanisms
- Conclusion
Speakers
Travis B. Colburn,
Ahlers Cressman & Sleight PLLC- Associate attorney at Ahlers Cressman & Sleight, PLLC, Seattle, WA
- Ahlers Cressman & Sleight, PLLC (ACS) is a full-service law firm with a focus exclusively on construction law and real estate-related matters
- ACS represents owners, contractors, and subcontractors through all phases of a construction project
- Presenter at Washington State Department of Labor and Industries’ Contractor Training Day (Public Works Contracts and Insurance)
- Licensed Washington attorney, licensed California architect, and licensed Washington architect
- B. Arch. degree, Pratt Institute; J.D. degree, Seattle University
Who Should Attend
This live webinar is designed for attorneys, presidents, vice presidents, contractors, subcontractors, engineers, architects, construction and project managers, developers, accountants, controllers, and other construction professionals.
