Registration: 8:00 - 8:30 am
Morning Session: 8:30 am - 12:00 pm
Lunch (On your own): 12:00 - 1:00 pm
Afternoon Session: 1:00 - 5:00 pm
Construction Contract Fundamentals
• Parties, consideration, term, performance, completion, substantial performance, breach,
remedies, damages, liquidated damages, warranty, indemnity
Understanding project delivery and types of construction contracts:
• Stipulated sum
• Cost plus fee
• Design build
• Construction management
Understanding roles and relationships of project participants:
• Owner and architect/engineer; prime A/E and sub-consultants; owner and construction
manager/general contractor; prime contractor and subcontractors/suppliers;
subcontractors and suppliers
Contract negotiation and drafting
• Critical issues: standard of care, scope of work, payment terms, schedule, changes,
warranty, indemnity, insurance, default/termination, disputes
Primary legal principles applied to construction contract interpretation
• Enforcement of contract terms, changes, doctrine of substantial performance, time of the
essence, statutory constraints on payment and indemnity, dispute resolution, standard of
care versus strict compliance with contract
The Primary AIA Contract Documents
A101 - 2017 Standard Form of Agreement Between Owner and Contractor (Stipulated Sum)
A102 - 2017 Standard Form of Agreement Between Owner and Contractor
(Cost Plus Fee with GMP)
B101 - 2017 Standard Form of Agreement Between Owner and Architect
A133 - 2009 Standard Form of Agreement Between Owner and Construction Manager Where
Construction Manager is also Constructor
A141 - 2014 Standard Form of Agreement Between Owner and Design Builder
A401 - 2017 Standard Form of Agreement Between Contractor and Subcontractor
C401 - 2017 Standard Form of Agreement Between Architect and Consultant
AIA A201: General Conditions
Overview of new updates to AIA documents
Project participants: owner, contractor, architect, engineer, subcontractors
Changes in the work
Time, payments and completion
Protection of persons and property, insurance and bonds
Defects in and correction of work
Termination, suspension, claims and disputes
Supplemental or Alternate AIA Contract Documents
A105-2017 Standard Form of Agreement Between Owner
and Contractor for a Residential or Small Commercial Project
A107-2017 Standard Form of Agreement Between Owner and Contractor
for a Project of Limited Scope
B105-2017 Standard Form of Agreement Between Owner and Architect
for a Residential or Small Commercial Project
The “SP” Series for Sustainable Projects
AIA Contract Documents for Digital Practice
Case Study: Reviewing Completed Contract Documents
for a Sample Project
Who Should Attend
7.0 HSW Contact Hours
7.0 AIA HSW Learning Units
Non-Credit Continuing Ed.
Continuing Education Credit Information
This seminar is open to the public and offers 7.0 HSW contact/continuing education hours to architects and 7.0 PDHs to engineers in all states. Educators and courses for Massachusetts architects are not subject to pre-approval.
This seminar is approved by the American Institute of Architects for 7.0 HSW Learning Units (Sponsor No. J885). Only full attendance can be reported to the AIA/CES.
Technical courses approved by the American Institute of Architects Continuing Education System (AIA/CES) are considered acceptable for New York professional engineer continuing education credit. This program is approved by the AIA/CES (Sponsor No. J885).
HalfMoon Education is an approved continuing education sponsor for engineers in Florida, Indiana (License No. CE21700059), Maryland, New Jersey (Approval No. 24GP00000700), North Carolina, and North Dakota. HalfMoon Education is deemed an approved continuing education sponsor for New York architects.
This seminar offers a non-credit continuing education opportunity to construction contractors. It has not been approved by any state with a construction contractor continuing education requirement.
Attendance will be monitored and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
David L. Fine
Partner at Mirick, O’Connell, DeMallie & Lougee, LLP, in Worcester, MA
Mr. Fine represents and counsels clients in the construction industry, including owners and developers, general contractors and construction managers, specialty trade contractors, suppliers and manufacturers. He represents clients in adverse proceedings such as litigation and arbitration, and he consults regarding risk management, contract preparation and negotiation, and general business advice. Mr. Fine is the chair of his firm’s Construction Law Group, the president of the Home Builders and Remodelers Association of Central Massachusetts. He holds several leadership positions in local, regional and national construction trade and bar organizations. Mr. Fine was named a Massachusetts “Super Lawyer” by Boston magazine and Law & Politics in 2017 and 2018, and he was named a Massachusetts “Rising Star” for several years prior.
Sakib A. Khan, Esq.
Sakib Khan, Esq, Needham, MA
Mr. Khan advises general contractors, subcontractors, architects, engineers, consultants and owners on construction-related issues. With a B.S. degree in Civil Engineering and Construction Management, Mr. Khan is able to get up-to-speed on both the technical and legal issues of a case quickly, and then formulate an assessment and resolution strategy. He’s able to review technical reports, advise and direct experts consulting on a case, and apply practical knowledge to interpretation and application of codes, industry standards and regulations. His depth of knowledge and real-world understanding of building and construction are invaluable assets to clients.
Owner of Commonsense Construction Law LLC, in Boston, MA
Mr. Martin’s practice focuses on the construction industry, particularly in the areas of contract negotiation, procurement, project performance and claims, arbitration and litigation. He has conducted more than 100 construction-related trials. Mr. Martin is a Fellow of the American College of Construction Lawyers and has been an active member of the Associated General Contractors of America (AGC) and AGC of Massachusetts for 20 years. He has served as a lecturer on construction law at the Massachusetts Institute of Technology and at Northeastern University.
Michael P. Sams
Kenney & Sams PC in Boston, MA
Mr. Sams is a founding member and shareholder of Kenney & Sams, P.C. His primary area of practice is construction litigation. Mr. Sams has successfully tried numerous cases before the Massachusetts Superior and District Courts, the United States Department of Labor, the Division of Administrative Law Appeals, and the Department of Industrial Accidents. He has successfully tried bid protest matters before the Attorney General’s Office, and he has handled appeals before the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court and the United States First Circuit. Mr. Sams has arbitrated matters with the American Arbitration Association and the Office of Consumer Affairs. In addition to his litigation and trial work, he spends considerable time consulting with clients regarding risk management policies and procedures, as well as contract analysis and preparation, all to lessen the potential for future litigation. Mr. Sams chairs the Defense Research Institute’s national Construction Law Committee, and he is general counsel to the Gould Construction Institute. He is former chair of the Boston Bar Association’s Construction Law Committee.
|Online Tuition (pre-registration):
|3 or more People:
Each registration includes one copy of a manual prepared by the seminar speakers.