Developing Owner Construction Contracts: Negotiating with Contractors and Design Teams

Improve construction project performance by resolving issues and disputes effectively with contractors and design teams

Program Description:

Public and private project owners and developers are continually looking for more effective contract terms and project delivery approaches for construction projects using a traditional Design-Build-Build project delivery method. In the Developing Owner Construction Contracts: Negotiating with Contractors and Design Teams seminar, participants will learn about the intellectual tools necessary to select, plan, develop, and negotiate contract provisions based on leading industry practices for risk allocation, mitigation of cost and schedule impacts of changes and unanticipated project development, and claim avoidance techniques to achieve more successful project team performance. This seminar provides insight to improving the definition and negotiation of project scope, pricing and quality/performance expectations. Key issues and clauses will be discussed in detail, with alternatives provided as guidance for future negotiations. Case studies relevant to your projects will be deployed so participants can engage with these proven negotiation strategies to address the common challenging contract issues and clauses, preparing them to effectively negotiate owner contracts with construction contractors and design professionals. The faculty instructor for this seminar is an expert in construction project management, contract negotiation, change order negotiations, and claim avoidance. He has 35 years of experience in the design and construction industry working for project owners, contractors, and design professionals. For more than 20 years the instructor has provided general counsel, risk management, and other legal advisory services to engineering and scientific professional service firms, owners, and contractors. His practice emphasizes the importance of training and consulting to improve construction project performance by resolving issues and disputes effectively. He is also a claims manager underwritten by Lloyd’s of London who develops and implements industry leading risk management programs. As an active claims consultant, mediator, and arbitrator, the instructor maintains constant exposure to the evolution of best-practice methodologies in the field and at the negotiating table. This customized TNI program will give participants the confidence and tools to effectively negotiate with contractors and design teams. Upon returning to the workplace, participants will be able to immediately put to use the skills, knowledge, and tactics they learn.

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  • Topics:
    • Understanding Contract Objectives and Risk Allocation Approach
    • Selecting the Best Contract Form for your Project
    • Discuss Key Issues and Approaches for Construction and Design Contracts
    • Negotiation Strategies for Key Clauses
    • Implementing Claim Avoidance Strategies and Clauses for More Successful Projects
  • Key Takeaways:
    • Reduce owner risk and uncertainty and project costs and complete projects faster by developing increased expertise for entity and individuals to improve negotiated results on contracts
    • Develop and implement successful negotiation strategies for key contract issues
    • Detailed guide for negotiation options for key contract clauses
    • For consultants, develop expertise to work with clients and legal counsel to create practical and effective contract forms and negotiate appropriate contract terms with contractors as value-added benefit for clients
    • Learn how to select best contract form to suit specific projects
    • Understanding of construction risk allocation and contract negotiation issues
    • Achieve increased designer accountability for successful projects
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