The reality is there are no “standard” construction contracts.
Both the American Institute of Architect and the Associated General Contractors of America promulgate their recommended form contracts for construction projects. In practice, these “standard” agreements are often cut, pasted and mutilated to the point of being entirely unrecognizable to the original “form” agreement. The modification of “form” agreements poses particular challenges to the integrated nature of these standard contract documents. In most construction projects there are a number of provisions that address particular issues to construction contracting as opposed to other forms of commercial agreements. This white paper addresses the most common and recurring provisions one encounters in negotiating and litigating in the construction arena. Those common provisions include delay, liquidated and consequential damages provisions; definition of “completion” and “substantial” completion; pay-if-paid clauses; indemnity and insurance provisions and punch-list and warranty provisions.
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Agenda
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Faculty
Michael Jay Rune, II
Shutts & Bowen LLP
- Partner of the Miami office of Shutts & Bowen LLP (https://shutts.com/lawyer/michael-jay-rune-ii)
- Practice emphasizes construction, surety, and insurance law and related litigation since 1997
- Lectures on issues important to the construction industry; co-author of Liability and Performance Bond Surety in The Law of Performance Bonds (ABA 1999)
- Representative national clients include Lendlease (US) Construction Inc., The Carlyle Group (US Real Property), and Titan America
- In addition to traditional construction disputes, represented clients in crane and partial collapses cases throughout the state of Florida
- Recognized by Chambers USA: America’s Leading Lawyers for Business, construction; Best Lawyers in America®, construction law, Florida Trend’s Legal Elite, construction
- J.D. degree, associate editor of the Cumberland Law Review, Cumberland School of Law, Samford University, Birmingham; B.A. degree, cum laude, University of Texas, Austin
- Can be contacted at 305-415-9426 or [email protected]
Michael Kelley
Shutts & Bowen LLP
- Attorney in the Orlando office of Shutts & Bowen LLP
- Practices commercial litigation, with a heavy emphasis on construction and design defects; additional experience includes construction contract drafting and negotiations, international and multi-national business transactions
- Nonlegal experience includes construction financing, construction materials sales, and construction laborer and foreman throughout high school and college
- J.D. degree, cum laude, University of Florida Levin College of Law; B.A. degree, magna cum laude, Rollins College
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