Construction Law

4.38

The Top 6 Pain Points in Construction Contracts

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
OnDemand
5 hours 59 minutes
Jason Kosek
Keith Smith
Ian Baldwin
Michael Hogue
With Jason Kosek from Anderson Kill P.C. + 3 others
Recorded June 05, 2025
Product ID 100408

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$389

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Overview

Tackle the Trickiest Construction Contracts

Delve into the most pressing challenges attorneys face in drafting and negotiating construction contracts in this advanced-level CLE course. Explore critical topics, including indemnity clauses, scope of work documentation, and government procurement complexities. Gain insights into negotiating robust insurance provisions, managing change orders, and navigating liability for delays under force majeure clauses - all with a focus on mitigating disputes and protecting client interests. Designed for seasoned construction law practitioners, this course combines practical strategies, real-world examples, and recent case law updates to ensure attendees are equipped to handle high-stakes construction contract issues with confidence. Elevate your career - register today!

  • Discover how to best draft tailored indemnity clauses that align with a project's risks.
  • Explore scope of work contractual provisions and the importance of clarity.
  • Learn about government contract complexities.
  • Dive into insurance coverage clauses and client protection via contract.
  • Discuss change order contractual language and considerations associates therewith.
  • Identify recent case law and best practices pertaining to force majeure clauses.

Abbreviated Agenda

  1. Drafting Tailored Indemnity Clauses and Best Practices for Negotiation
  2. Documenting and Explaining the Scope of Work ("SOW")
  3. Navigating Government Construction Contracts
  4. Insurance Coverage in Construction Contracts
  5. Change Orders and Additional Work Clauses
  6. Force Majeure and Liability for Delays

Related Topics

Product ID 100408

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Drafting Tailored Indemnity Clauses and Best Practices for Negotiation

  2. Documenting and Explaining the Scope of Work ("SOW")

    1. Components of a Clear and Comprehensive SOW
    2. Using Industry-Specific Language for Clarity
    3. Ensuring that Project Managers and Subcontractors Can Easily Interpret a SOW
    4. Case Law Update: Disputes Arising From Poorly Drafted SOWs

  3. Navigating Government Construction Contracts

    1. Breaking Down Government Procurement Documents
    2. Prioritizing Essential Clauses for Review
    3. Compliance with Federal, State, and Local Procurement Laws
    4. Common Pitfalls in Government Contract Bidding Procedures
    5. Effectively Explaining Government Contract Requirements
    6. Mitigating Risks Associated With Government Projects

  4. Insurance Coverage in Construction Contracts

    1. General Liability, Builder's Risk, Professional Liability, and Unique Types of Insurance
    2. Additional Insured Endorsements and Waivers of Subrogation
    3. Tailoring Coverage to Project-Specific Risks
    4. Ensuring Client Protection Against Unforeseen Events
    5. Examples of Successful and Problematic Insurance Clauses

  5. Change Orders and Additional Work Clauses

    1. Importance of Concise Language: Preventing Disputes Over Scope Changes
    2. Establishing Clear Processes for Submitting and Approving Change Orders
    3. Differentiating Between Additional Work and Corrective Work
    4. Setting Clear Deadlines and Documentation Requirements
    5. Contractual Strategies for Handling Unapproved Changes

  6. Force Majeure and Liability for Delays

    1. Defining Force Majeure: Commonly Included Events and Exclusions
    2. Establishing Timelines for Notice and Mitigation
    3. Tips and Tricks: Contractual Provisions to Allocate Risk
    4. Case Law Update and Force Majeure in the Context of Pandemics and Climate Change

Who Should Attend

This course is designed for attorneys.

Speakers

Jason Kosek
Jason
Kosek
Anderson Kill P.C.
Keith E Smith
Keith E.
Smith
Wood Smith Henning & Berman LLP
Ian D Baldwin
Ian D.
Baldwin
Wood Smith Henning & Berman LLP
Michael R Hogue
Michael R.
Hogue
Greenberg Traurig, LLP
Speaker bio
Jason Kosek

Jason Kosek

Anderson Kill P.C.
Jason Kosek

is an attorney at Anderson Kill P.C. He assists clients in a broad array of issues, including insurance coverage, regulatory, FCPA, labor law, negligence, nuisance, trespass, products liability and breach of contract, with a focus on construction and regulatory matters. In construction matters, Mr. Kosek has represented owners, general contractors, subcontractors, suppliers and materialmen in all phases of business and construction matters, including liens, contract negotiation and disputes, construction defect litigation and transactional matters. He has experience in complex litigation matters, including defects, delays and design professional malpractice. Mr. Kosek's insurance coverage experience includes disputes over construction claims relating to additional insured status, directors and officers claims, and business interruption claims. His recent articles address mechanic's liens and an analysis of the insurance coverage implications stemming from the Surfside Condominium collapse. He earned his B.A. degree from Hofstra University and his J.D. degree from Fordham University School of Law.

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Speaker bio
Keith E Smith

Keith E. Smith

Wood Smith Henning & Berman LLP
Keith Smith

is a partner at Wood Smith Henning & Berman LLP and is the office managing partner in Riverside, California. He is a skilled trial lawyer known for his expertise in handling a wide variety of complex matters for both public entities and private clients.  Keith regularly represents residential and commercial builders, public and private owners and developers, construction managers and design professionals in complex construction law matters. He has a proven record of results in matters involving almost every conceivable issue that can arise from a construction project. This includes payment disputes, mechanic’s lien, stop notice, bond claims, construction defects, delay, acceleration and inefficiency claims, extra work, differing site, changed condition and change order claims, construction site injuries, bid protests, debarment proceedings and False Claims Act disputes. He returned a defense verdict in one of the first construction cases to proceed to trial in California involving SB800, another first as that trial was completely paperless.  Keith’s father is a contractor and he grew up working on construction sites.  Keith earned his B.A. degree from the University of California, San Diego and his J.D. degree from California Western School of Law.

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Speaker bio
Ian D Baldwin

Ian D. Baldwin

Wood Smith Henning & Berman LLP
Ian Baldwin

is a partner at Wood Smith Henning & Berman LLP, where his practices is handling a variety of complex civil litigation matters with a particular emphasis on real estate, construction, and property disputes. His areas of expertise also include professional liability, transportation, and personal injury. Mr. Baldwin currently serves as chair of the Oregon Association of Defense Counsel's Construction Practice Group. Prior to joining WSHB, he clerked for the Honorable Kathleen M. Dailey of the Multnomah County Circuit Court. Mr. Baldwin earned his J.D. degree from George Mason University School of Law in Washington D.C. While attending George Mason, he placed first among his class of over 150 peers in George Mason's first-year moot court competition. Mr. Baldwin earned his B.A. degree, cum laude, from University of Oregon and his J.D. degree from George Mason University School of Law.

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Speaker bio
Michael R Hogue

Michael R. Hogue

Greenberg Traurig, LLP
Michael Hogue

maintains a multi-disciplinary construction practice providing representation to owners, developers, and major corporations in all aspects and phases of construction and project development in the real estate industry. His practice provides an integrated "one-stop-shop" for a broad cross-section of public and private sector clients in due diligence, transactions, tenant buildouts, project oversight and management, regulatory compliance, disputes, litigation, and restructuring/bankruptcy matters.

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