Course Details

Identifying Troublesome Contract Clauses and Their Solutions

Webinar: ID# 1015477
Recorded CD
About This Course:
The troublesome contract clauses listed and their solutions will be addressed from the perspective of outlining the owner's and contractor's preferred positions assuming they have leverage in negotiating these clauses, but also focus on a range of compromise solutions that are more likely to occur and provide practical tips to expedite a reasonable compromise.

With respect to each of the topics, Bruce Merwin will provide sample provisions and examples illustrating the importance of the various positions. He will also discuss the key factors in improving the negotiating skills of the audience. His presentation will include his own mock negotiations between the owner and contractor on various topics.


Owner's Overview
  • Owner's Overview of Troublesome Clauses
  • Current Economic Climate
  • Aggressive Attitude of Owner Counsel
  • Assumption of Additional Risks and Liabilities by Contractors and Subcontractors
  • RFPs and Project Manuals May Impact These Clauses
Contractor's Overview
  • Contractor's Perception of Current Economic Climate and Evaluation of Work
  • Assumption of Additional Risks and Liabilities by Owner and by Subcontractors for More Even Distribution of Risk and Cooperation
  • Modification of ConsensusDocs, AIA Documents and Manuscript Contracts to Control Leverage Sought by Owners and Provide More Leverage for Contractors
Negotiation Strategies
  • Goal: A Contract That Clearly Expresses the Parties' Intentions – Their Obligations and Responsibilities, and Their Respective Rights
  • Focus on Success
  • Understanding of Consequences of Failure
  • Potential Risks and Benefits of the Critical Clauses
  • Foster Cooperation Between the Parties to Share the Risks and Benefits
  • Result: A More Balanced, Fair Contract Setting the Stage for a Mutually Beneficial Relationship Between the Parties to Realize a Successful Project - Partners vs. Adversaries or a Clearer Understanding of Rights, Risks and Obligations
Troublesome Contract Clauses – Discussion
  • BULLET 1
  • Owner's Position, Contractor's Position and Comprise Solutions
  • Collateral Assignment of Construction Contracts to Construction Lender
  • Lender's Position and Contractor's Position and Compromise Solutions
About The Presenters

Bruce Merwin
  • Real Estate partner in Thompson & Knight LLP's Houston office and firm's "go-to" construction transactions lawyer
  • More than 35 years of experience working on all types of complex real estate transactions
  • Represents developers, owners, contractors and architects involved in the development, financing, sale, purchase and leasing of commercial properties
  • His construction practice has an emphasis on drafting and negotiating professional services agreements and construction contracts, including a focus on green building issues
  • For the past few years, he has worked on more than 50 construction contacts annually, primarily involving multi-family development, medical buildings, office buildings and industrial projects
  • Recognized by Best Lawyers in America for more than 15 years in both real estate law and construction law, the only lawyer in Texas to be recognized in both areas simultaneously
  • Listed in Chambers USA in construction since 2003
  • Speaks before local, state and national bar groups, at national seminars and before trade groups on an annual basis
  • Steering Committee member of Division 2, Contract Documents, of the ABA Construction Law Forum and has made presentations before Division 2 of the Construction Law Forum for the past several years
Identifying Troublesome Contract Clauses and Their Solutions
Available on CD format
Course Details
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