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
- Practice emphasizes construction litigation, as well as surety and fidelity litigation and insurance law since 1997
- Lectured on issues important to the construction and fidelity industry; co-wrote Liability and Performance Bond Surety in The Law of Performance Bonds (ABA 1999)
- Representative of national clients including LendLease (US) Construction, Inc., Suffolk Construction Co. and Titan America
- In addition to traditional lien and construction disputes, represents clients in crane and partial collapses cases throughout the State of Florida
- J.D. degree, assoc. editor of the Cumberland Law Review, Cumberland School of Law at Samford University in Birmingham; B.A. degree, cum laude, University of Texas at Austin
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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