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Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 1

March 27, 2019 @ 12:00 pm - 1:00 pm

Construction contracts are among the most difficult agreements to draft or review, and negotiate. At every stage, building is fraught with substantial risk – timely regulatory approvals, cost containment and price certainty, financing contingencies, building deadlines, and a host of other risks. If these risks materialize, as is common, the bargained for exchange among the parties and their expectations are radically unsettled. The construction contract is a comprehensive and careful allocation of risks, a compromise between flexibility and price/cost certainty, and establishes procedures for resolving disputes short of costly litigation. This program will provide you with a practical guide to drafting the most important provisions of construction contracts and cost-effective resolution of disputes.

Handout Materials will be emailed to you prior to the seminar

1.0 MCLE Credit Hours


• Reviewing and drafting essential provisions of construction contracts
• Use and common mistakes in using AIA contacts in negotiations with builders
• Defining the scope of a project and planning for modifications
• How fees and costs are structured – and allocating risk of changes
• Tying performance standards and timelines to payments – progress payments and retainage
• Issues involving contractor licensure and subsequent claims


John Miller, John R. Miller, PLLC – Charlotte, North Carolina