Construction Contract Negotiation

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Presentation transcript:

Construction Contract Negotiation American Bar Association Forum on the Construction Industry 2013

Parties on Construction Project

Basic Elements of a Construction Contract Essential Terms of Contract Price Scope of Work Duration Typical Payment Methods Lump Sum (low bidder) Cost of Work Plus a Fee (Time and Materials) Cost of Work Plus a Fee with a Guaranteed Maximum Price (GMP)

Sources of Law Contract Terms Common Law Prior decisions, e.g. Spearin v US Statutes and Regulations Dispute Resolution Negotiation/settlement Mediation Litigation (Court System)/Arbitration

Negotiation Tips Use your arguments Start low/high Take breaks/talk with your team Explain Position

Negotiation Module $100,000 Construction claim from Subcontractor to General Contractor to Owner Three-party negotiation Read common fact pattern and contracts Read your party’s sheet Meet with your teammate(s) (15 minutes) Meet with other parties to negotiate claim (30-45 minutes) Sign paper with settlement terms