Presentation for the Construction Management Association of America (CMAA) by members of the American Bar Association (ABA) Forum on Construction Law, including Jeremy S. Baker of Baker Law Group LLC (https://buildchicagolaw.com), Patrick J. O'Connor, Claramargaret H. Groover, and Robin Goldberg Banks.
Understanding AIA Document A201-2017, General Conditions of Construction Cont...Jeremy Baker
On June 13, 2019, Design and construction attorney Jeremy Baker co-presented with Berkley Design Professional’s Senior Vice President and Chief Risk Management Officer Andrew Mendelson, FAIA, a review of AIA Document A201™-2017, General Conditions of the Contract for Construction, and discussed the essential information that design professionals need to understand in order to administer the construction project in compliance with the requirements for health, safety, and welfare of the project constituents, project owner and the general public.
CFW NEC Management of change under the NEC3 Rae Davies
The document provides an overview and agenda for a presentation on supply chain development and management of change under the NEC3 construction contract. The presentation covers early warnings, compensation events, and some key points to note. It discusses the NEC3 suite of contracts, core clauses, defined terms, communication protocols, risk registers, programmes, and the early warning process. The early warning process involves notifying issues, instructing a risk reduction meeting to discuss mitigation actions, and updating the risk register.
Presentation to the Institute of Demolition Engineers' conference in March 2019 by Sarah Fox of 500 Words Ltd on managing risks and changes under the NEC4 ECC contract.
For more information on using contracts to safeguard your business without annoying your clients, go to www.500words.co.uk/blog.
This document discusses bonds, insurances, and risk mitigation in construction projects. It describes the three main types of construction bonds: bid bonds, which protect owners if a bid is not honored; performance bonds, which guarantee a contractor will complete a project as specified; and payment bonds, which ensure payment to laborers and material suppliers. It also outlines various insurance policies like general liability, builders risk, and professional liability that can help transfer risk from contractors to insurance providers for issues like property damage, injuries, and design errors. The document provides an overview of the key parties, purposes, and documentation involved in bonds and construction insurance policies.
The document provides an overview of construction contract laws in Ethiopia. It discusses key definitions related to contracts, requirements for valid contracts, and types of contracts. It also summarizes the three main sources of contract law for construction projects in Ethiopia: 1) the Law of Administrative Contract in the Civil Code of Ethiopia, 2) the MoWUD Standard Conditions of Contract, and 3) the PPA Conditions of Contract used for public procurement projects. For each, it highlights important elements such as definitions, roles of parties, general framework and clauses.
This document discusses claims in construction projects. It defines a claim as a request for additional compensation or time extension due to occurrences beyond the contractor's control, such as differing site conditions or owner-caused delays. It notes that owners are liable for inaccurate data or design changes after contract signing. The document outlines common causes of claims and types of claims against owners and contractors. It provides tips for claims prevention including comprehensive documents and communication. Finally, it discusses variation orders and the sources and types of variations in construction projects.
Akitek GT & Associates Sdn Bhd outlines their 5 phase process for project implementation: 1) Schematic Design Phase involves developing conceptual designs and preliminary cost estimates. 2) Design Development Phase refines the designs and implements sustainability features like a bioclimatic facade. 3) Contract Documentation Phase prepares construction documents for contractor bidding. 4) Contract Implementation and Management Phase oversees construction. 5) Final Completion Phase includes inspections, as-built drawings, and project closeout. The fees are broken down across the phases, with schematic design accounting for 15% and design development, contract documentation, and contract implementation each making up 25-30% of the total fee.
This letter from Akitek GT & Associates Sdn. Bhd. accepts the appointment as the professional consultant architect for EcoEarth Bhd's proposed development of two residential blocks consisting of 527 and 528 units respectively, along with other facilities. The professional fees will be RM 20,273,089.24, calculated as 8% of the total construction cost of RM253,413,615.50 based on the Architects (Scale of Minimum Fees) Rules 2010. The letter also outlines the design phases and payments, additional services, conditions of engagement including responsibilities of the architect and client, and suspension or termination of the agreement. Enclosed copies of the Memorandum of Agreement, Condition of Engagement, and Architects
Understanding AIA Document A201-2017, General Conditions of Construction Cont...Jeremy Baker
On June 13, 2019, Design and construction attorney Jeremy Baker co-presented with Berkley Design Professional’s Senior Vice President and Chief Risk Management Officer Andrew Mendelson, FAIA, a review of AIA Document A201™-2017, General Conditions of the Contract for Construction, and discussed the essential information that design professionals need to understand in order to administer the construction project in compliance with the requirements for health, safety, and welfare of the project constituents, project owner and the general public.
CFW NEC Management of change under the NEC3 Rae Davies
The document provides an overview and agenda for a presentation on supply chain development and management of change under the NEC3 construction contract. The presentation covers early warnings, compensation events, and some key points to note. It discusses the NEC3 suite of contracts, core clauses, defined terms, communication protocols, risk registers, programmes, and the early warning process. The early warning process involves notifying issues, instructing a risk reduction meeting to discuss mitigation actions, and updating the risk register.
Presentation to the Institute of Demolition Engineers' conference in March 2019 by Sarah Fox of 500 Words Ltd on managing risks and changes under the NEC4 ECC contract.
For more information on using contracts to safeguard your business without annoying your clients, go to www.500words.co.uk/blog.
This document discusses bonds, insurances, and risk mitigation in construction projects. It describes the three main types of construction bonds: bid bonds, which protect owners if a bid is not honored; performance bonds, which guarantee a contractor will complete a project as specified; and payment bonds, which ensure payment to laborers and material suppliers. It also outlines various insurance policies like general liability, builders risk, and professional liability that can help transfer risk from contractors to insurance providers for issues like property damage, injuries, and design errors. The document provides an overview of the key parties, purposes, and documentation involved in bonds and construction insurance policies.
The document provides an overview of construction contract laws in Ethiopia. It discusses key definitions related to contracts, requirements for valid contracts, and types of contracts. It also summarizes the three main sources of contract law for construction projects in Ethiopia: 1) the Law of Administrative Contract in the Civil Code of Ethiopia, 2) the MoWUD Standard Conditions of Contract, and 3) the PPA Conditions of Contract used for public procurement projects. For each, it highlights important elements such as definitions, roles of parties, general framework and clauses.
This document discusses claims in construction projects. It defines a claim as a request for additional compensation or time extension due to occurrences beyond the contractor's control, such as differing site conditions or owner-caused delays. It notes that owners are liable for inaccurate data or design changes after contract signing. The document outlines common causes of claims and types of claims against owners and contractors. It provides tips for claims prevention including comprehensive documents and communication. Finally, it discusses variation orders and the sources and types of variations in construction projects.
Akitek GT & Associates Sdn Bhd outlines their 5 phase process for project implementation: 1) Schematic Design Phase involves developing conceptual designs and preliminary cost estimates. 2) Design Development Phase refines the designs and implements sustainability features like a bioclimatic facade. 3) Contract Documentation Phase prepares construction documents for contractor bidding. 4) Contract Implementation and Management Phase oversees construction. 5) Final Completion Phase includes inspections, as-built drawings, and project closeout. The fees are broken down across the phases, with schematic design accounting for 15% and design development, contract documentation, and contract implementation each making up 25-30% of the total fee.
This letter from Akitek GT & Associates Sdn. Bhd. accepts the appointment as the professional consultant architect for EcoEarth Bhd's proposed development of two residential blocks consisting of 527 and 528 units respectively, along with other facilities. The professional fees will be RM 20,273,089.24, calculated as 8% of the total construction cost of RM253,413,615.50 based on the Architects (Scale of Minimum Fees) Rules 2010. The letter also outlines the design phases and payments, additional services, conditions of engagement including responsibilities of the architect and client, and suspension or termination of the agreement. Enclosed copies of the Memorandum of Agreement, Condition of Engagement, and Architects
Professional Architects are the one who engages in architectural field requiring high level of training and proficiency, conforming to the technical or ethical sands of architectural profession and worthy of public interest, trust and confidence. Professional Architects responsible as an adviser to client, acts on behalf of client and to protect client’s interest by project execution in accordance with local government acts.
This project is to examine and understanding of the importance of architecture codes and acts as guideline for architectural execution and as a tool to protect the rights of a Profession Architect. Subsequently, understanding on marketing strategies of the Professional Architect practice as the key element to promote and ensure sustainability of architectural consultancy practice.
The NEW Role of the AIA's Digital Practice DocumentsJeremy Baker
The document discusses the new mandatory use of the AIA's Digital Practice Documents in its 2017 contract documents. It summarizes three principal Digital Practice Documents - E203-2013, G201-2013, and G202-2013 - that provide protocols for the development, transmission, and use of digital data and BIM on construction projects. It explains that the documents are meant to help parties efficiently manage digital data-related risks through agreed upon contract terms as new technologies evolve.
Construction Futures Wales - NEC Workshop - Importance of Program Control & M...Rae Davies
The document discusses the importance of programme control and management under the NEC3 construction contract. It begins with an overview of NEC3 contracts and their core clauses. It then discusses key aspects of programme management under NEC3 such as the requirement for an accepted programme, its importance in assessing compensation events, and requirements for keeping it updated. The document emphasizes that the programme is a critical management tool under NEC3 and its acceptance is important for objective assessment of delays and compensation events.
Construction Futures Wales - NEC3 Workshop - Understanding Works Information...Rae Davies
The document provides an overview and agenda for a training session on understanding works information and contract data under NEC3 contracts. It discusses key aspects of NEC3 such as core clauses, defined terms, roles of key people, communication protocols, risk registers, programs, and tender documents. The training aims to help participants properly interpret and apply works information, contract data, and other important contractual documents when working under an NEC3 contract.
This document discusses different types of construction contracts, including lump sum, unit price, cost plus, and guaranteed maximum price contracts. It provides details on the key aspects of each contract type such as pricing structure, risk allocation, payment terms, and advantages and disadvantages. The document also covers construction contract documents and their typical components such as the contract forms, conditions, specifications, drawings, and agreement.
NEC4 overview: key changes and impacts - London, September 2017Browne Jacobson LLP
This seminar looked at the changes to the NEC structrure, changes in approach following the change to the structure, and the introduction of two new contracts to the suite.
Architectural Professional Practice - Construction DocumentsGalala University
The document discusses the organization and content of construction documents. It explains that construction documents include drawings, specifications, contract forms, bidding requirements, addenda, and contract modifications. They are prepared by the architect to communicate the project design and administration. The level of detail in the documents depends on the project and parties involved. Variations in delivery approaches like early award, multiple prime contracts, fast-tracking, and design/build can affect the content and packaging of construction documents.
The document summarizes key aspects of contractual obligations and liabilities in construction contracts under Ethiopian law. It discusses the object of contracts, types of contractual obligations, definitions of contractual liability, forms of legal liability including penal, civil, and administrative, conditions of contracts including general conditions, special conditions, the role of the engineer, and contractual risks from the employer and contractor perspectives. Key risks covered include change in law, errors in requirements, subcontractor approval, design approval, extension of time, taking over, termination rights, force majeure, claims and disputes. Joint ventures are also briefly defined.
This document provides an introduction to contract administration and management. It defines key terms like contract, contractor, client, and construction contracts. It discusses the purpose of construction contracts and the evolution of construction contracts from ancient times to modern standardized forms. It also outlines the major risks involved in construction projects and the different stages of contract administration, including pre-contract, construction, and post-construction stages.
Construction Documents Required by the Connecticut Building CodeMilton Grew
The document discusses construction documents required by building codes for residential projects. It defines construction documents and outlines what information should be included, such as site plans, structural drawings, specifications, and other details to demonstrate code compliance. It states that construction documents prepared by licensed design professionals are generally required for larger or more complex buildings.
The AIA's NEW Sustainable Projects Exhibit, E204-2017Jeremy Baker
The AIA simplified contracting to achieve sustainable goals by releasing E204-2017, Sustainable Projects Exhibit, on April 27, 2017. Good for owners, architects, and contractors!
This document provides an overview of contract laws relevant to construction projects in Ethiopia. It discusses the key requirements for forming a valid contract under Ethiopian law, including the parties being capable, consent, a defined object, consideration, offer and acceptance, and agreement. It also outlines the main types of contracts under Ethiopian civil code: administrative, public works, and supply contracts. Additionally, it examines the standard conditions of contract used in Ethiopia from the Ministry of Works and Urban Development and the Public Procurement Agency. These conditions are based on design-bid-build project delivery and include provisions around the engineer's role, obligations of parties, payments, and dispute resolution. International construction contracts based on FIDIC conditions are also briefly
Architect-Led Design-Build: a PRACTICAL business planJeremy Baker
Return of the Master Builder: For years, lawyers and insurers have told architects and engineers they cannot guarantee construction prices or completion dates or take responsibility for the actual construction of what they design. These warnings are wrong. By structuring projects carefully and intelligently, architects can increase their prestige, self-esteem, and earnings as design-builders.
This document provides a presentation on design and build contracts under FIDIC contracts. It discusses what FIDIC is, its origins and vision. It then discusses design and build procurement, highlighting advantages like price certainty and single point responsibility, as well as disadvantages like reduced employer control. It outlines the roles of different parties in traditional vs design and build arrangements. It also summarizes key clauses and details in FIDIC's Orange Book and Yellow Book for design and build and turnkey contracts. Sample questions and answers are provided to illustrate how situations would be addressed under the FIDIC contracts.
E-governance Project Contract Development: Challenges and How to Overcome ThemPrakash Kumar
The presentation talks about key elements of contract and current challenges. It also details strategic considerations for contract development for various categories of e-Governance projects, namely software development, IT infra provisioning, service delivery and Public Private Partnership based projects.
Concept of SLA and SLA management has also been discussed in the presentation.
This was delievred at 39th Advanced Professional Programme in Public Administration (APPPA) for senior officers of the Government of India on 20th Sept 2013.
This document discusses claims management in construction projects. It defines a claim as a request for compensation due to certain events. It outlines the claims management process, which includes establishing monitoring, identifying root causes, determining claim type, gathering documents, and claim preparation and settlement. It also categorizes and describes common causes of construction claims, such as design errors, differing site conditions, changes, delays, and accidents. Causes can be due to contractor practices, owner practices, or occur during bidding or construction phases.
This document defines key terms related to construction contracts and procurement. It explains that a contract is a mutual agreement between two or more parties to do work under certain terms and conditions. It also discusses the history of construction contracts and various risks involved, including unforeseen conditions, project delays, insolvency of parties, and conflicts over costs, time and quality. Finally, it states that construction contracts are meant to distribute duties, responsibilities and risks among project participants.
This document discusses different project delivery methods for construction projects. It begins by defining project delivery methods as systems used by owners to organize design, construction, operations, and maintenance of a project. It then describes traditional design-bid-build and alternative design-build methods. For design-bid-build, owners contract separately with designers and contractors, while design-build involves a single contract between the owner and a contractor covering both design and construction. The document outlines advantages and disadvantages of each approach and briefly discusses other methods like turnkey and construction management.
The document summarizes the key parts that make up construction contract documents. It describes the drawings, specifications, project manual, bidding documents, addenda, contract forms and conditions, modifications, and bidding requirements. The drawings provide graphic representations and details. Specifications define qualitative requirements verbally. The project manual includes contract forms, conditions, and administrative documents. Bidding documents and addenda provide information for contractors to bid on the work. The assembled package forms the contract documents that govern the project.
Construction law attorneys Don Gregory + Mike Madigan hosted a seminar that focused on the risks that threaten the common goals of building on time and within budget. The presentation features essential and pragmatic tools for owners and developers to create a successful project.
On Tuesday, March 14, construction law attorney Mike Madigan hosted the second installment of Kegler Brown's 2017 construction law webinar series. Mike discussed key provisions that play a significant role in how risk is divided when it comes to CM-at-Risk Agreements and GMP Amendments.
Professional Architects are the one who engages in architectural field requiring high level of training and proficiency, conforming to the technical or ethical sands of architectural profession and worthy of public interest, trust and confidence. Professional Architects responsible as an adviser to client, acts on behalf of client and to protect client’s interest by project execution in accordance with local government acts.
This project is to examine and understanding of the importance of architecture codes and acts as guideline for architectural execution and as a tool to protect the rights of a Profession Architect. Subsequently, understanding on marketing strategies of the Professional Architect practice as the key element to promote and ensure sustainability of architectural consultancy practice.
The NEW Role of the AIA's Digital Practice DocumentsJeremy Baker
The document discusses the new mandatory use of the AIA's Digital Practice Documents in its 2017 contract documents. It summarizes three principal Digital Practice Documents - E203-2013, G201-2013, and G202-2013 - that provide protocols for the development, transmission, and use of digital data and BIM on construction projects. It explains that the documents are meant to help parties efficiently manage digital data-related risks through agreed upon contract terms as new technologies evolve.
Construction Futures Wales - NEC Workshop - Importance of Program Control & M...Rae Davies
The document discusses the importance of programme control and management under the NEC3 construction contract. It begins with an overview of NEC3 contracts and their core clauses. It then discusses key aspects of programme management under NEC3 such as the requirement for an accepted programme, its importance in assessing compensation events, and requirements for keeping it updated. The document emphasizes that the programme is a critical management tool under NEC3 and its acceptance is important for objective assessment of delays and compensation events.
Construction Futures Wales - NEC3 Workshop - Understanding Works Information...Rae Davies
The document provides an overview and agenda for a training session on understanding works information and contract data under NEC3 contracts. It discusses key aspects of NEC3 such as core clauses, defined terms, roles of key people, communication protocols, risk registers, programs, and tender documents. The training aims to help participants properly interpret and apply works information, contract data, and other important contractual documents when working under an NEC3 contract.
This document discusses different types of construction contracts, including lump sum, unit price, cost plus, and guaranteed maximum price contracts. It provides details on the key aspects of each contract type such as pricing structure, risk allocation, payment terms, and advantages and disadvantages. The document also covers construction contract documents and their typical components such as the contract forms, conditions, specifications, drawings, and agreement.
NEC4 overview: key changes and impacts - London, September 2017Browne Jacobson LLP
This seminar looked at the changes to the NEC structrure, changes in approach following the change to the structure, and the introduction of two new contracts to the suite.
Architectural Professional Practice - Construction DocumentsGalala University
The document discusses the organization and content of construction documents. It explains that construction documents include drawings, specifications, contract forms, bidding requirements, addenda, and contract modifications. They are prepared by the architect to communicate the project design and administration. The level of detail in the documents depends on the project and parties involved. Variations in delivery approaches like early award, multiple prime contracts, fast-tracking, and design/build can affect the content and packaging of construction documents.
The document summarizes key aspects of contractual obligations and liabilities in construction contracts under Ethiopian law. It discusses the object of contracts, types of contractual obligations, definitions of contractual liability, forms of legal liability including penal, civil, and administrative, conditions of contracts including general conditions, special conditions, the role of the engineer, and contractual risks from the employer and contractor perspectives. Key risks covered include change in law, errors in requirements, subcontractor approval, design approval, extension of time, taking over, termination rights, force majeure, claims and disputes. Joint ventures are also briefly defined.
This document provides an introduction to contract administration and management. It defines key terms like contract, contractor, client, and construction contracts. It discusses the purpose of construction contracts and the evolution of construction contracts from ancient times to modern standardized forms. It also outlines the major risks involved in construction projects and the different stages of contract administration, including pre-contract, construction, and post-construction stages.
Construction Documents Required by the Connecticut Building CodeMilton Grew
The document discusses construction documents required by building codes for residential projects. It defines construction documents and outlines what information should be included, such as site plans, structural drawings, specifications, and other details to demonstrate code compliance. It states that construction documents prepared by licensed design professionals are generally required for larger or more complex buildings.
The AIA's NEW Sustainable Projects Exhibit, E204-2017Jeremy Baker
The AIA simplified contracting to achieve sustainable goals by releasing E204-2017, Sustainable Projects Exhibit, on April 27, 2017. Good for owners, architects, and contractors!
This document provides an overview of contract laws relevant to construction projects in Ethiopia. It discusses the key requirements for forming a valid contract under Ethiopian law, including the parties being capable, consent, a defined object, consideration, offer and acceptance, and agreement. It also outlines the main types of contracts under Ethiopian civil code: administrative, public works, and supply contracts. Additionally, it examines the standard conditions of contract used in Ethiopia from the Ministry of Works and Urban Development and the Public Procurement Agency. These conditions are based on design-bid-build project delivery and include provisions around the engineer's role, obligations of parties, payments, and dispute resolution. International construction contracts based on FIDIC conditions are also briefly
Architect-Led Design-Build: a PRACTICAL business planJeremy Baker
Return of the Master Builder: For years, lawyers and insurers have told architects and engineers they cannot guarantee construction prices or completion dates or take responsibility for the actual construction of what they design. These warnings are wrong. By structuring projects carefully and intelligently, architects can increase their prestige, self-esteem, and earnings as design-builders.
This document provides a presentation on design and build contracts under FIDIC contracts. It discusses what FIDIC is, its origins and vision. It then discusses design and build procurement, highlighting advantages like price certainty and single point responsibility, as well as disadvantages like reduced employer control. It outlines the roles of different parties in traditional vs design and build arrangements. It also summarizes key clauses and details in FIDIC's Orange Book and Yellow Book for design and build and turnkey contracts. Sample questions and answers are provided to illustrate how situations would be addressed under the FIDIC contracts.
E-governance Project Contract Development: Challenges and How to Overcome ThemPrakash Kumar
The presentation talks about key elements of contract and current challenges. It also details strategic considerations for contract development for various categories of e-Governance projects, namely software development, IT infra provisioning, service delivery and Public Private Partnership based projects.
Concept of SLA and SLA management has also been discussed in the presentation.
This was delievred at 39th Advanced Professional Programme in Public Administration (APPPA) for senior officers of the Government of India on 20th Sept 2013.
This document discusses claims management in construction projects. It defines a claim as a request for compensation due to certain events. It outlines the claims management process, which includes establishing monitoring, identifying root causes, determining claim type, gathering documents, and claim preparation and settlement. It also categorizes and describes common causes of construction claims, such as design errors, differing site conditions, changes, delays, and accidents. Causes can be due to contractor practices, owner practices, or occur during bidding or construction phases.
This document defines key terms related to construction contracts and procurement. It explains that a contract is a mutual agreement between two or more parties to do work under certain terms and conditions. It also discusses the history of construction contracts and various risks involved, including unforeseen conditions, project delays, insolvency of parties, and conflicts over costs, time and quality. Finally, it states that construction contracts are meant to distribute duties, responsibilities and risks among project participants.
This document discusses different project delivery methods for construction projects. It begins by defining project delivery methods as systems used by owners to organize design, construction, operations, and maintenance of a project. It then describes traditional design-bid-build and alternative design-build methods. For design-bid-build, owners contract separately with designers and contractors, while design-build involves a single contract between the owner and a contractor covering both design and construction. The document outlines advantages and disadvantages of each approach and briefly discusses other methods like turnkey and construction management.
The document summarizes the key parts that make up construction contract documents. It describes the drawings, specifications, project manual, bidding documents, addenda, contract forms and conditions, modifications, and bidding requirements. The drawings provide graphic representations and details. Specifications define qualitative requirements verbally. The project manual includes contract forms, conditions, and administrative documents. Bidding documents and addenda provide information for contractors to bid on the work. The assembled package forms the contract documents that govern the project.
Construction law attorneys Don Gregory + Mike Madigan hosted a seminar that focused on the risks that threaten the common goals of building on time and within budget. The presentation features essential and pragmatic tools for owners and developers to create a successful project.
On Tuesday, March 14, construction law attorney Mike Madigan hosted the second installment of Kegler Brown's 2017 construction law webinar series. Mike discussed key provisions that play a significant role in how risk is divided when it comes to CM-at-Risk Agreements and GMP Amendments.
The document discusses Accounting Standards 7 and 9 issued by the Institute of Chartered Accountants of India (ICAI).
AS 7 covers accounting for construction contracts and defines a construction contract as one specifically negotiated for building an asset or set of interrelated assets. It provides guidance on revenue and cost recognition for construction contracts over multiple years using percentage of completion or completed contract methods.
AS 9 covers revenue recognition. It defines revenue and sets out conditions for revenue recognition from sale of goods, rendering of services, and income from interest, royalties and dividends. Revenue is recognized when risks and rewards of ownership are transferred for goods or when services are fully or substantially rendered.
Professional Practice II (Group Assignment)Yee Len Wan
1) The contractor failed to procure required insurance before commencing works, which entitled the employer to set-off costs according to contract clauses. However, the employer must follow proper procedures for set-off including providing written notices and details from QS.
2) There was a significant 73% reduction in provisional piling quantities from the contract. This qualified as a variation where the contractor can claim a fair adjustment to rates under the valuation rules.
3) The contractor did not notify the engineer soon enough about missing ground beam details, so they are not entitled to EOT or loss/expense claims despite the engineer's 5 day delay in providing details. Any missing details would be treated as a variation but rates would
This document outlines standards for accounting of construction contract revenues and costs. It defines key terms like construction contracts, fixed price contracts, and cost plus contracts. It specifies that revenues include the initial contract price as well as potential increases or decreases from changes, bonuses, or other payments if they can be reliably determined. Costs include those directly related to the contract as well as general costs that can be reasonably allocated. The standard provides guidance on combining or dividing contracts and determining what revenues and costs should be included in the accounting.
The document discusses construction contracts and their importance. It covers:
1) The key elements of a construction contract including offer, acceptance, consideration, legal purpose and capacity.
2) The stages of contract management such as pre-requisition, formulation of tender documents, tendering/evaluation/award, and contract administration.
3) Important components of contract documents like general conditions, special conditions, specifications, drawings, bills of quantities, and letters of acceptance.
This document discusses different types of construction contracts:
- Lump sum contracts specify a single price for completing a project. They provide incentives for efficiency but carry high risks for contractors.
- Unit price contracts base payment on actual quantities of work items. They allow for changes but the final cost is unknown.
- Cost plus contracts reimburse contractors for all costs plus a fee. They provide flexibility but lack incentives for cost control.
This document discusses different types of construction contracts:
- Lump sum contracts specify a single price for completing a project. They provide incentives for efficiency but carry high risks for contractors.
- Unit price contracts base payment on quantities of work completed. They allow for changes but the final cost is unknown.
- Cost plus contracts reimburse contractors for all costs plus a fee. They provide flexibility but lack incentives for cost control.
This document outlines an assignment for a practical scenario involving the construction of a district cooling plant project in the UAE. It provides context for the project, including details about the employer, main contractor, type of contract used, and scope of work. It then lists the requirements for the assignment, including describing the basis for contract selection, aspects of design liability, risk apportionment, potential unforeseen problems, and dispute resolution techniques. Guidance is provided on referencing legal principles and contract clauses. The maximum length for the response is 2,000 words.
The document contains 5 questions related to construction management. Question 1 asks about effects of key certificates issued during construction like Certificate of Substantial Completion, purposes of liquidated damages, and effects of Defects Correction Certificate. It also asks about purposes of forfeiture and default clauses. Question 2 defines bill of quantities and discusses its objectives, defines variations, and basis for valuation of variations. It also defines provisional sums and prime cost items. Question 3 discusses roles of client, contractor and engineer and limitations of engineer's representative. It also discusses circumstances that may frustrate a construction contract. Question 4 distinguishes between assurance and insurance, discusses liabilities for damages and purposes of retention and performance bonds. It also discusses care of works
This document discusses different methods of project delivery between an architect and client, focusing on design-build services. It defines design-build services as a method where the architect is responsible for both design and construction of a project. There are three main types of design-build services discussed: 1) Design-Build by Administration, where the architect directly oversees all construction; 2) Design-Build on a Guaranteed Maximum Cost, where the client is given a maximum cost and the architect manages construction; 3) Design-Construct, where the architect is responsible for design and construction management. The roles and responsibilities of the architect are outlined for each type. Advantages of design-build services include compressed timelines, guaranteed costs, and
There are several types of construction contracts:
1. Separated contracts involve separate entities for design and construction, resulting in delays. Lump-sum and measurement contracts fall under this category.
2. Integrated contracts assign design and construction responsibilities to a single entity to streamline the process. Design-build, turnkey, and build-operate-transfer contracts integrate the roles.
3. Management contracts appoint a single contractor to plan, manage, and coordinate subcontractors for design and construction. Construction management contracts focus on coordination. Design-build-manage contracts assign all three roles.
4. Discretionary contracts like partnering and joint ventures involve collaboration between client and contractor or between multiple contractors to share
APM webinar sponsored by the Thames Valley Branch on 29 September 2021.
Speaker:
Richard Patterson, NEC4 drafter and Procurement & NEC Specialist at Mott MacDonald
NEC has clear mechanism for risk allocation for specific events. Is it a compensation event, or not? And it has a clear, detailed and flexible process for managing and agreeing the assessment of those compensation events. Effective management of the process is key to dispute avoidance under NEC. This webinar was held on 29 September 2021.
Hear about the importance of the F word - forecast. Change control is critical to the finances of any supplier - so you need to know how to use the process.
https://youtu.be/QOrw_KqUZiE
3.0 Common Types of Construction Contracts & Standard Conditions of Contract ...Praveen Premkumar
The document discusses common types of construction contracts and standard conditions of contract used in New Zealand. It outlines the most common types of construction contracts as lump sum, cost plus, re-measured, management, negotiated, selective tendering, and design and build. The standard conditions of contract commonly used in medium-sized projects in New Zealand are NZS 3910, NZS 3915, FIDIC, JCT, NZIA, and RMBF. The Construction Contracts Act of 2002 established requirements for timely payments between parties in the contractual chain. Standard conditions of contract provide clarity around responsibilities and obligations to help manage construction, completion, and disputes.
This document outlines the modules and objectives of a National Diploma for Industrial Technician in Civil Engineering. The module focuses on administration and contractual procedures in civil engineering projects. The objectives are to develop an understanding of important administrative factors in civil engineering contracts, create awareness of contractual obligations of parties involved, and develop awareness of office and site procedures for civil engineering construction programs. The document details the various topics to be covered, including parties to a contract, types of contractual arrangements, contract documents and tender procedures, planning and execution of contracts, measurement, valuation, certification and payment procedures, claims, arbitration, insurance, bonds, safety, and public utilities.
160
مبادرة
#تواصل_تطوير
المحاضرة ال 160 من المبادرة
الاستاذ الدكتور شريف الهجان
بعنوان
البرنامج الزمني في عقود التشييد
The programme in construction contracts
وذلك يوم الإثنين 23 مايو
السابعة مساء توقيت القاهرة
الثامنة مساء توقيت مكة المكرمة
و الحضور عبر تطبيق زووم
https://us02web.zoom.us/meeting/register/tZYqdO2vqDsrHdUNBrAhSM8P4uSRrspTYSrT
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The contractor submitted a final account for an apartment construction project within the required timeframe. The final account was assessed and a final contract value of RM 79,550,500 was determined. Key adjustments included:
1) Approval of RM 30,000 for additional insurance premium due to employer-caused delay.
2) Rejection of RM 120,000 loss and expense claim for inclement weather, as this was not a relevant event under the contract.
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Seeing the Big Picture: Best Practices for Contracting and Construction Risk Management in 2021
1. P R E S E N T E D B Y
SEEING THE BIG PICTURE:
Best practices for contracting and
construction risk management for 2021
Members of the American Bar Association Forum on Construction Law:
Jeremy S. Baker, Esquire/Robin Goldberg Banks, Esquire/Patrick J. O’Connor, Esquire
Moderator: Claramargaret H. Groover, Esquire
2. CMA Focus21
CMAA Focus21
Statement of Purpose
» Define and understand the role of CM advisor under agreements
such as AIA Document C132-2019.
» Define and understand the CMAR’s role under agreements such
as AIA Document A133-209 or A134-2019
» Identify and protect against construction risks likely to occur
» Identify
» Identify and understand insurance applicable to project risks
2
3. CMA Focus21
CMAA Focus21
CMAA Member Benefits with ABA Forum
3
CMAA and ABA Forum Member Benefits
CMAA members discount on Forum publications
15% with special code
https://www.americanbar.org/groups/departmentsoffices/publishing/ci-book-catalog/
6. CMA Focus21
CMAA Focus21
CMa Similarities to Architect
Standard of Care
The Construction Manager shall perform its services consistent with
the skill and care ordinarily provided by construction managers
practicing in the same or similar locality under the same or similar
circumstances. The Construction Manager shall perform its services
as expeditiously as is consistent with such skill and care and the
orderly progress of the Project. C132-2019, §2.2
6
7. CMA Focus21
CMAA Focus21
CMa Similarities to Architect
» Review shop drawings and other submittals
The Construction Manager shall promptly review all Shop Drawings, Product Data, Samples and other
submittals from the Contractors for compliance with the submittal requirements of the Contracts, coordinate
submittals with information contained in related documents, and transmit to the Architect those that the
Construction Manager recommends for approval… C132-2019, § 3.3.20
» Review and certify payment applications
…the Construction Manager shall review and certify the amounts due the respective Contractors… C132-2019,
§3.3.12.2
7
8. CMA Focus21
CMAA Focus21
CMa Similarities to Architect
» CMa’s certification language is the same as that for a certifying
architect
The Construction Manager’s certification for payment shall constitute a representation to the Owner, based on
the Construction Manager’s evaluations of the Work and on the data comprising the Contractors’ Applications
for Payment, that, to the best of the Construction Manager’s knowledge, information and belief, the Work has
progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and
the Contractors are entitled to payment in the amount certified… C132-2019, §3.3.12.3
» CMa shall provide professional liability insurance for CMa’s errors
and omissions
The Construction Manager shall maintain the following insurance until termination of this Agreement...
Professional Liability covering negligent acts, errors and omissions in the performance of professional
services with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. C132-2019, §§ 2.8, 2.8.5
8
9. CMA Focus21
CMAA Focus21
CMa Similarities to Contractor/CMAR
» Maintain daily log of weather, labor force, work performed, issues
that arise
The Construction Manager shall keep a daily log containing a record of weather, each Contractor’s Work on
the site, number of workers, identification of equipment, Work accomplished, problems encountered, and
other similar relevant data as the Owner may require. C132-2019, § 3.3.21
» Handle delivery, storage, security of materials and equipment at
the site
The Construction Manager shall arrange for the delivery, storage, protection and security of Owner-purchased
materials, systems and equipment that are a part of the Project until such items are incorporated into the
Work. C132-2019, § 3.3.23
9
10. CMA Focus21
CMAA Focus21
CMa Similarities to Contractor/CMAR
» Schedule and coordinate overall construction sequence and
allocate on-site storage (lay down) space
…utilizing information from the Contractors, the Construction Manager shall review, analyze, schedule and
coordinate the overall sequence of construction and assignment of space in areas where the Contractors are
performing Work. C132-2019, § 3.3.7
» Provide general liability and other coverages
The Construction Manager shall maintain the following insurance until termination of this Agreement...
Commercial General Liability with policy limits of not less than ($ ) for each occurrence and ($ ) in the
aggregate for bodily injury and property damage… the Construction Manager shall cause the… policies for
Commercial General Liability… to include the Owner as an additional insured… C132-2019, §§ 2.8, 2.8.1, 2.8.6
10
11. CMA Focus21
CMAA Focus21
CMa-Specific General Conditions: A232
» CMa Performs Functions Traditionally Reserved for Architect
- Receiving prompt reports of any errors, inconsistencies or omissions in the Contract Documents
discovered by the Contactor. A232-2019, §3.2.2
- Assessing whether substitutions proposed by the Contractor are acceptable. A232-2019, § 3.4.2
- Investigating concealed or unknown conditions. A232-2019, § 3.7.4
- Receiving certifications from the Contractor’s design professional, if any. A232-2019, § 3.12.10.2.
- Reviewing and certifying Applications for Payment or withholding Certificates for Payment. A232-
2019, §§ 4.2.7, 9.4, 9.5
- Rejecting Work that does not conform to the Contract Documents. A232-2019, § 4.2.8
- Reviewing the Contractor’s submittals. A232-2019, §§ 4.2.10, 4.2.11
- Conducting inspections to determine the date or dates of Substantial Completion and the date of final
completion. A232-2019, §§ 4.2.16, 9.8.3, 9.8.4, 9.10.1
- Signing Change Orders and Construction Change Directives. A232-2019, §§ 7.2, 7.3
11
12. CMA Focus21
CMAA Focus21
CMa-Specific General Conditions: A232
» CMa More Involved than Architect in Construction Phase
- Owner shall forward all communications to the Contractor through the CMa. A232-2019, §2.3.8
- … Contractor shall cooperate with the CMa in scheduling and performing the Contractor’s Work…
A232-2019, § 3.10.1
- Contractor shall participate with other Contractors, the CMa, and the Owner in reviewing and
coordinating all schedules for incorporation into the Project schedule,,, A232-2019, § 3.10.3
- The Contractor shall coordinate the Contractor’s operations with, and secure the approval of, the
CMa before using any portion of the site. A232-2019, § 3.13.2
- The CMa will schedule and coordinate the activities of the Contractor and other Contractors in
accordance with the latest approved Project schedule. A232-2019, § 4.2.4
- Utilizing the submittal schedule provided by the Contractor, the CMa shall prepare, and revise as
necessary, a Project submittal schedule…A232-2019, § 4.2.9
- CMa will receive and review requests for information from the Contractor, and forward each request
for information to the Architect, with the CMa’s recommendation… A232-2019, § 4.2.21.
12
13. CMA Focus21
CMAA Focus21
CMa-Specific General Conditions: A232
» Allocation of CMa and Contractor Responsibility
- CMa plays a role in project safety:
» “…The Contractor shall submit the Contractor’s safety program to the Construction Manager for
review and coordination with the safety programs of other Contractors…” A232-2019, § 10.1
- But the CMa’s role in safety is secondary:
» …The Contractor shall be solely responsible for, and have control over, construction means,
methods, techniques, sequences, and procedures... A232-2019, §3.3.1
» The Construction Manager… will not have control over, charge of, or responsibility for, the
construction means, methods, techniques, sequences or procedures, or for the safety precautions
and programs in connection with the Work, since these are solely the Contractor’s rights and
responsibilities under the Contract Documents… A232-2019, §4.2.5
13
15. CMA Focus21
CMAA Focus21
CMAR Conundrum
15
Owner – Time
Problem
CMAR – Needs to
price project
based on
incomplete design
16. CMA Focus21
CMAA Focus21
Liability for Exceeding GMP/Excess Costs
To the extent that the Contract Documents are anticipated to require
further development, the Guaranteed Maximum Price includes the
costs attributable to such further development consistent with the
Contract Documents and reasonably inferable therefrom. Such
further development does not include changes in scope, systems,
kinds and quality of materials, finishes, or equipment, all of which, if
required, shall be incorporated by Change Order. A133-2019
§ 3.2.2; A134-2019, § 3.2.4
16
17. CMA Focus21
CMAA Focus21
New CMAR Preconstruction Phase Responsibilities
A133-2019 and A134-2019, § 3.1.14 Other Preconstruction Services.
Insert a description of any other Preconstruction Phase services to be provided by the
Construction Manager, or reference an exhibit attached to this document.
(Describe any other Preconstruction Phase services, such as providing cash flow projections,
development of a project information management system, early selection or procurement of
subcontractors, etc.)
A133-2019 and A134-2019, § 3.1.3.2 … The Construction Manager shall consult with the
Architect regarding professional services to be provided by the Construction Manager during the
Construction Phase.
17
18. CMA Focus21
CMAA Focus21
New CMAR Preconstruction Phase Responsibilities
A133-2019 and A134-2019, § 3.1.3.3 The Construction Manager shall assist the Owner and
Architect in establishing building information modeling and digital data protocols for the Project,
using AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to
establish the protocols for the development, use, transmission, and exchange of digital data.
A133-2019 and A134-2019, § 3.1.8 The Construction Manager shall provide recommendations
and information to the Owner and Architect regarding equipment, materials, services, and
temporary Project facilities.
A133-2019 and A134-2019, § 3.1.9 The Construction Manager shall provide a staffing plan for
Preconstruction Phase services for the Owner’s review and approval.
A133-2019 and A134-2019, § 3.1.10 If the Owner identified a Sustainable Objective in Article 1,
the Construction Manager shall fulfill its Preconstruction Phase responsibilities as required in
AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as
Constructor Edition, attached to this Agreement.
18
19. CMA Focus21
CMAA Focus21
New CMAR Preconstruction Standards of Care and
Insurance Requirements
A133-2019 and A134-2019, § 3.1.1 Extent of Responsibility
The Construction Manager shall exercise reasonable care in performing its Preconstruction
Services. …
A133-2019 and A134-2019, § 14.3.1 Preconstruction Phase Insurance
» CGL
» Automobile
» Worker’s Compensation
» Professional Liability
» Other
19
20. CMA Focus21
CMAA Focus21
Benefits of CMAR
20
• Advise and provide input into
design, cost, constructability,
scheduling, etc.
Preconstruction
• Fabrication of long lead items
• Site preparation
• Exploratory investigation
• Limited construction
Construction
21. CMA Focus21
CMAA Focus21
New Option to Start CMAR Construction Phase
The Construction Phase shall commence upon the Owner’s execution of the
Guaranteed Maximum Price Amendment or, prior to acceptance of the
Guaranteed Maximum Price proposal, by written agreement of the parties. The
written agreement shall set forth a description of the Work to be performed by
the Construction Manager, and any insurance and bond requirements for Work
performed prior to execution of the Guaranteed Maximum Price Amendment.
A133-2019, § 3.3.1.2; A134-2019, § 3.3.1.2. (approval of Control Estimate in
lieu of acceptance of GMP proposal and execution of GMP Amendment)
21
22. CMA Focus21
CMAA Focus21
**NEW CMAR FORM FOR 2021 **
G735-2021 - Authorization to Proceed with Early Release Work
» Executed after Owner-CM Agreement, but prior to agreement on GMP or
approval of Control Estimate
» Contains fill points for parties to address specifics of Early Work being
released
» Adopts terms and conditions from Owner-CM Agreement
22
23. CMA Focus21
CMAA Focus21
General CMAR Construction Phase Updates
» Key 2017 revisions:
• New termination fee provision
• New fill points for liquidated damages and incentives
• More streamlined project communications
• New retainage section
» Generally conform with A102-2017 and A201-2017 revisions:
• For detailed look at 2017 revisions, please visit www.aiacontracts.org/learn
23
24. CMA Focus21
CMAA Focus21
The Spearin Doctrine – Implied Warranty
24
“if the contractor is bound to build according to plans and
specifications prepared by the owner, the contractor will not be
responsible for the consequences of defects in
the plans and specifications” United States v. Spearin, 248 U.S.
132, 136 (1918).
25. CMA Focus21
CMAA Focus21
CMAR and the Spearin Doctrine
25
Coghlin Elec. Contractors, Inc. v. Gilbane Bldg. Co., 36 N.E.3d 505
(Mass. 2015)
» CMAR may benefit from implied warranty only:
- Where it acted in good faith reliance on design; and
- Acted reasonably in light of CMAR’s own design responsibilities
» Court looks at:
- Level of participation in design phase of project; and
- Extent to which contract delegates design responsibility
26. CMA Focus21
CMAA Focus21
Extent to which A201 delegates design responsibility
26
A201-2017, § 3.12.10.1 If professional design services or certifications by a design professional related
to systems, materials, or equipment are specifically required of the Contractor by the Contract
Documents, the Owner and the Architect will specify all performance and design criteria that such
services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the
performance and design criteria provided in the Contract Documents. The Contractor shall cause such
services or certifications to be provided by an appropriately licensed design professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop
Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittals
related to the Work, designed or certified by such professional, if prepared by others, shall bear such
professional’s written approval when submitted to the Architect. The Owner and the Architect shall be
entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed
or provided by such design professionals, provided the Owner and Architect have specified to the
Contractor the performance and design criteria that such services must satisfy. Pursuant to this
Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals
only for the limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents.
27. CMA Focus21
CMAA Focus21
** New Cost of the Work Payment Applications for 2021**
» G702 GMP-2021 – Application for Payment where the basis of
payment is Cost of the Work with a Guaranteed Maximum Price
» G702 CW-2021 – Application for Payment where the basis of
payment is Cost of the Work
» G703CW-2021 – Cost of the Work Continuation Sheet
27
30. CMA Focus21
CMAA Focus21
Owner Claims and Risk Management
» Defective design
» Defective construction
» Changes and cost overruns
» Delays
- Force majeure
- COVID-19
30
31. CMA Focus21
CMAA Focus21
Insurance and Bonds – 2017 Exhibit
31
»Liability limits
»Causes of loss sublimits
»Property insurance sublimits
»Other coverages
»Specifics of optional coverages
»Coverage durations if other than specified
32. CMA Focus21
CMAA Focus21
Required Provisions to be Completed
» Commercial general liability limits (§ B.3.2.2)
» Automobile liability limits (§ B.3.2.3)
» Employer’s liability limits (§ B.3.2.6)
AND IF
Contractor’s work involves…
►Professional services (professional liability limits) (§ B.3.2.8)
►Transport or use of pollutants (pollution liability limits) (§ B.3.2.9)
►Maritime/aviation risks (limits for such insurance) (§§ B.3.2.11 & 3.2.12)
32
33. CMA Focus21
CMAA Focus21
CGL – What Must Not Be Excluded or Restricted
» CGL policy shall not exclude or restrict coverage by way of:
- Insured vs. insured exclusion
- Elimination of subcontractor exception (completed operations hazard)
- Broad employee exclusions (e.g. independent contractors)
- Elimination of insured contract exception to the contractual liability
exclusion (employee injuries)
- Prior work endorsements
- Prior injury endorsements
» (§ B.3.2.2)
33
34. CMA Focus21
CMAA Focus21
Builder’s Risk – Causes of Loss
» “All-risks” ≠ coverage for all risks
» Exhibit prohibits certain exclusions
- Fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake,
flood, or windstorm
» Exhibit permits adjustment of coverage limits
- Prompts specifying sublimits
» Must provide coverage for ensuing loss
- Resulting from bad design or construction
(§ B.2.3.1.1)
34
35. CMA Focus21
CMAA Focus21
Insurance for Existing Structures (§ B.2.3.3)
» When work involves remodeling an existing structure or
constructing addition to existing structure…
» Owner must purchase all-risks property insurance protecting the
existing structure against same causes of loss to which builder’s
risk policy would respond
» Must maintain until expiration of period for correction of Work
35
36. CMA Focus21
CMAA Focus21
Optional Property Coverage Extension
» Loss of use, business interruption, delay in completion (§ B.2.4.1)
» Ordinance or law insurance (§ B.2.4.2)
» Expediting cost insurance (§ B.2.4.3)
» Extra expense insurance (§ B.2.4.4)
» Civil authority insurance (§ B.2.4.5)
» Ingress/egress insurance (§ B.2.4.6)
» Soft costs insurance (§ B.2.4.7
36
37. CMA Focus21
CMAA Focus21
GL Coverage for Specific Scopes of Work
» Residential or habitational exclusions
» Roofing exclusions
» EIFS exclusions
» Earth movement exclusions
» XCU exclusions
(§ B.3.2.2.2)
37
39. CMA Focus21
CMAA Focus21
Excess or Umbrella Insurance
» Contractor can secure liability limits through any combination of
primary and excess or umbrella insurance
» Excess insurance, however, may not dictate exhaustion of the
underlying limits only through actual exhaustion (must permit
functional exhaustion)
39
41. CMAA Focus21
Jeremy S. Baker, a Chicago-based construction attorney, founded Baker
Law Group LLC after nearly fifteen years at Schiff Hardin LLP, where he
was a partner and a member of its national Construction Law practice. As
an Adjunct Professor of Law at The John Marshall Law School, he taught
an elective Construction Law course though its Center for Real Estate
Law (2016, 2017, 2018). Jeremy’s practice involves project structuring
across many project delivery methods, plus contract review and
negotiation. He has prosecuted and defended lawsuits in over 30 state
and federal court venues, but he prefers to help clients complete
challenging projects by emphasizing dispute avoidance and early, cost-
efficient resolution of claims. Jeremy is a graduate of the Tulane
University Law School (2002) and the University of California, Santa
Barbara (1999).
___________________________________________________________
Baker Law Group Direct: 312-621-7184
Chicago, Illinois www.buildchicagolaw.com
Jeremy S. Baker
41
42. CMAA Focus21
Ms. Banks focuses her practice in all areas of construction law, from contract drafting and negotiation
to pre-litigation dispute resolution and complex construction disputes involving mechanics liens,
payment bond claims, and construction defect claims. She represents clients across the construction
spectrum, including design professionals, owners, construction managers, contractors,
subcontractors, and suppliers. In addition to her construction practice, Ms. Banks serves as an
associate outside legal counsel to the AIA Contract Documents Committee.
Ms. Banks frequently presents on topics including updates to, and analysis of, AIA Contract
Documents and risk management for design professionals, construction managers/contractors, and
owners. Ms. Banks has also been published in the Construction Law Handbook, 4th Ed. (Stanley A.
Martin and Leah A. Rochwarg, eds. 2020) and the Maryland State Bar Association Deskbook, 2nd Ed.
(Joseph C. Kovars and Michael Schollaert, eds. 2017) as well as in other books and professional
publications.
Ms. Banks has been recognized by U.S. News – Best Lawyers in America for Construction Law in
Maryland (2020-present) and Maryland Super Lawyers in Construction Litigation (2021) and is a
member of the American Bar Association Forum on the Construction Industry, Maryland State Bar
Association, and District of Columbia Bar Association, and an Allied Member of the National American
Institute of Architects.
_________________________________________________________________________________
Goldberg & Banks, P.C. Direct: 443-940-1342
Baltimore, Maryland Email: rgbanks@gbpclawfirm.com
42
Robin G. Banks
43. CMAA Focus21
Mr. O’Connor is a partner with the international law firm of Faegre Drinker Biddle & Reath LLP in its
Minneapolis, Minnesota office. He received his B.A. degree from Hamline University in 1975 and his JD
degree from The American University in 1981. He was law clerk to Miles W. Lord, Chief Judge of the
Federal District Court for the District of Minnesota. Mr. O’Connor’s practice focuses on construction,
suretyship and insurance. He has served as litigation or coverage counsel for contractors, owners, design
professionals, and product suppliers in disputes venued in over 25 states and Canada. He also acts as a
mediator, arbitrator and expert witness in construction and insurance disputes. Mr. O’Connor is co-author
of Bruner & O’Connor on Construction Law (West Group 2002), a twelve-volume construction law treatise.
He was an adviser to the American Law Institute’s Restatement of the Law Third, Suretyship and
Guaranty. He works closely with a number of industry organizations on Building Information Modeling and
Integrated Project Delivery initiatives. Mr. O’Connor is former Co-Chair of the BIMForum’s Legal
Subforum. Since 2007, Mr. O’Connor has counseled the AIA’s Documents Committee in connection with
numerous contract forms. Mr. O’Connor has held LEED AP (New Construction) certification through the
U.S. Green Building Council. He is a Fellow, former member of the Executive Committee, and Past-
President of the American College of Construction Lawyers. Mr. O’Connor is also a former member of the
Governing Committee for the ABA Forum on the Construction Industry. Mr. O’Connor is listed in “The
Best Lawyers in America,” “International Who’s Who of Construction Lawyers,” and “Minnesota Super
Lawyers.”
____________________________________________________________________________________
Faegre Drinker Biddle & Reath LLP Direct: 612-766-7413
Minneapolis, Minnesota Email: patrick.oconnor@faegredrinker.com.)
Patrick J. O’Connor, Jr.
43
44. CMAA Focus21
Claire Groover is Florida Bar Board Certified in construction law and has practiced law in
Central Florida since her admission to The Florida Bar in 1988. Claire served on the Governing
Committee of the American Bar Association’s Forum on Construction Law and she chaired its
Division 12- Owners & Project Finance. She currently serves on the Forum’s Publications and
Marketing Committees. She also is a member of The Florida Bar Construction Law Committee
and chairs its Subcommittee on Construction Transactions.
Claire focuses her practice on owner and developer representation. She is a Florida Certified
Circuit Civil and Appellate Mediator, is a Panel Arbitrator with the American Arbitration
Association, and she is qualified to serve in Florida court-appointed and voluntary arbitration
proceedings. She is a member of Thomson-Reuters’ Practical Law Magazine Real Estate
Advisory Board and frequently writes and speaks on claims avoidance and construction risk
management. She was in-house counsel to Universal Orlando in its $2.5B theme park
development in the late 1990’s and she was Senior Counsel to Signature Flight Support
Corporation in the years following 9/11’s impact on the aviation industry. She has been
selected as a Florida Super Lawyer each year since 2009 and she is a Fellow of the
Construction Lawyers Society of America. Claire is of counsel to Becker’s construction
practice group which has been rated “Band 1” by Chambers USA every year since inception of
its global law firm rankings.
__________________________________________________________________
Becker & Poliakoff Direct: 407-875-0955
Orlando, Florida Email: cgroover@beckerlawyers.com
Claramargaret H. Groover
44
45. CMA Focus21
CMAA Focus21
45
Continuing Education Credit
» A credit value is assigned to CMAA courses and seminars in units of Professional Development Hours (PDH),
Learning Units (LU), and CCM Recertification Points. CMAA guarantees that course material meets the minimum
requirements for a PDH, which is 60
» Not all sessions and activities offered may be acceptable for continuing education credit in your state. Please check
your state licensing board’s requirements before submitting your credits.
All courses approved by CMAA count toward CCM recertification points. Points are awarded for
attending CM related education sessions; one point per hour of instruction plus two points per
conference attended. For more information on recertification points, please visit
https://recerttrack.com/home.php?portal=24
CMAA is registered with the American Institute of Architects (AIA) as an approved CES provider
of LUs. One educational contact hour equals one (1) LU. To receive LUs through CMAA, you
must provide your AIA member number on all registration materials and attendance forms.
www.aia.com
CMAA has met the standards and requirements of the Registered Continuing Education
Program. Credit earned on completion of this program will be reported to RCEP. A certificate of
completion will be issued to each participant. As such, it does not include content that may be
deemed or construed to be an approval or endorsement by RCEP. www.rcep.net