Learn how to tailor construction management agreements to mitigate project issues and deliver successful projects.
Large-scale construction projects present a myriad of issues that developers need to effectively navigate. To mitigate these issues and deliver successful projects, developers need to tailor their construction management agreements. These agreements need to establish objective requirements governing construction manager's performance, clear and agreed-upon allocations of risk between the developer and construction manager, both pre-GMP and post-GMP, and straightforward mechanisms for dealing with project issues when they arise. To that end, this presentation analyzes the problems developers face and how the construction management agreement can be structured to anticipate likely issues and preemptively mitigate risk. Through objective provisions in the agreement, the parties can clearly define their rights and obligations and avoid unnecessary disputes during the project. The construction management agreement can also be designed to align the parties' interests and incentivize the construction manager's performance to meet certain developer objectives.
Agenda
Faculty
Nicholas M. David
Troutman Pepper Hamilton Sanders, LLP
Nicholas David
- Represents owners and developers in both transactional and litigation matters in the construction law area
- Practice includes prominent corporate and institutional owners and developers, as well as real estate and hospitality industry companies, that turn to Troutman Pepper for guidance on some of the largest commercial, residential and mixed-use projects
- Drafts and negotiates a full range of development, design, and construction agreements, including construction management agreements (with GMPs) on projects of all sizes, from boutique luxury condominiums to the largest, most complex demolition and vertical construction tower projects – and everything in between
- Super Lawyers: New York - Rising Star in Construction (2014, 2016-2020)
Kevin P. Wallace
Troutman Pepper Hamilton Sanders, LLP
Kevin Wallace
- Represents real estate developers on all legal issues related to major construction projects, including contract negotiation, counseling on issues that arise during construction, resolution of claims, and the prosecution or defense of litigation
- Chambers USA: Construction, New York (2022)
- Best Lawyers in America®: Construction Law (2023)
- Represented the developer of a New York City megaproject that is the largest private real estate development in the United States, including (i) negotiating various contracts, (ii) resolving numerous claims and disputes with government entities, design professionals, construction managers, and trade contractors concerning different projects and towers within the overall development, and (iii) litigating four state court actions and several arbitrations
- Represented the developer of a new airport terminal, including the negotiation of the lease with the Port Authority of New York and New Jersey, the construction agreement with the design-builder, and various related agreements
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