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Construction Contract Negotiation

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)

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Construction Contract Negotiation

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

  2. Parties on Construction Project

  3. 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)

  4. 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

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

  6. 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

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