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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, November 14, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will guide counsel in identifying and avoiding the pitfalls of boilerplate provisions in construction contracts. The panel will discuss common boilerplate clauses and explain how to adapt these to the unique circumstances of a given construction project so as to minimize the risk of loss in future disputes.

Faculty

Talor I. Bearman
Attorney
Miscellaneous

Mr. Bearman is a member of the firm’s Construction and Infrastructure Practice Group. He has experience working on a wide variety of complex commercial litigation matters, with a concentration in construction disputes. Mr. Bearman represents owners, general contractors, subcontractors, and design professionals in all stages of the litigation process. His experience includes representation in both state and federal courts, as well as arbitration proceedings. In addition to litigation, Mr. Bearman advises clients regarding construction-related contracts and project administration. 

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Ryan A. Lee
Partner
K&L Gates, LLP

Mr. Lee’s practice focuses on representing owners, developers, general contractors, and subcontractors in construction-related transactional and litigation matters. He is highly skilled at negotiating and drafting contracts for a variety of project types and delivery methods with particular experience in manufacturing, healthcare, higher education, and hospitality industries. During his career, Mr. Lee has guided his clients through all facets of the litigation process, from pre-litigation dispute avoidance to trial and appeal. He also regularly represents clients in commercial, governmental regulatory and real estate disputes.

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Description

Boilerplate provisions are common to most contracts and are often overlooked during the drafting process, especially when using industry standard agreements. Such provisions can include final completion standards, arbitration, choice of forum, choice of law, excusable delay, insurance, liquidated or consequential damages, dispute resolution, assignment, notice, and jury waiver.

Boilerplate provisions are often reused from one contract to another without thought about their potential project-specific impact if something goes wrong between the parties. However, these clauses contain significant business and legal implications that can produce unwanted future results if not tailored to the specific circumstances of the project. Neglecting to give boilerplate provisions the same treatment as more commercial provisions can unintentionally defeat the parties' contractual intent and cause significant losses.

Construction counsel should be aware of negotiating and drafting considerations for boilerplate clauses to better tailor these to specific projects in anticipation of future disputes.

Listen as our expert panel examines the use of boilerplate clauses in construction contracts. The panel will identify common boilerplate provisions, discuss the pitfalls unique to the construction industry that are associated with these, and address how to minimize risk by tailoring these provisions to fit a specific project.

Outline

  1. Common boilerplate clauses
    • Choice of law and jurisdiction
    • Merger
    • Multiple agreements
    • Arbitration
    • Limitation of damages/liquidated damages
    • Third-party beneficiaries
    • Jury waiver
    • Assignment
    • Notice
    • Waiver
    • Force majeure
    • Survival of reps and warranties
  2. Pitfalls of cutting and pasting provisions
  3. Practical application of boilerplate clauses in construction contracts

Benefits

The panel will review these and other important issues:

  • What strategies should construction counsel consider when drafting boilerplate clauses?
  • Which boilerplate clauses present the most significant challenges for construction entities and their counsel?
  • What pitfalls should counsel be aware of when using boilerplate language?
  • How can boilerplate provisions result in unintended consequences?
  • What are best practices for drafting boilerplate clauses?