| Release: | Immediate |
| Media contact: | Gelasia Croom |
| Phone: | 312/988-6243 |
| E-mail: | croomg@staff.abanet.org |
CONTRACTUAL RISK ALLOCATION IS FOCUS OF
ABA FORUM ON THE CONSTRUCTION INDUSTRY FALL MEETING
CHICAGO, Sept.7, 2006 -- In assigning liability in a construction case, where does "design" stop and "construction" begin? What triggers an owner's right to withhold payment from a contractor? What factors need to be considered in drafting dispute resolution procedures and alternative dispute resolution clauses for international construction projects?
These and many other questions will be answered at the American Bar Association Forum on the Construction Industry's Fall 2006 Meeting. The meeting, to be held in Scottsdale, Ariz., Oct. 12-13, at the Hyatt Regency Gainey Ranch, will feature several plenary sessions and workshops, to be led by panels of industry experts including Arizona Superior Court Judge Pendleton Gaines. Gaines will preside over a mock hearing on Oct. 13 at 9:15 a.m. in which lawyers for a contractor and an owner will argue enforceability of owner's notice provision as drafted, timeliness of contractor's notice and several other subjects.
Also, the plenary session "Construction Law Firm Hiring of Lawyers and Non-Lawyers: Risks and Rewards," to be held Oct. 13 at 10:45 a.m., will assess the different standards for hiring private sector and government lawyers and a law firm's responsibility to avoid assisting the unauthorized practice of law,
Issues such as risk allocation, warranties as exclusive remedies, and protecting the contractor's bottom line will be the focal point of additional plenary programming.
Other session highlights include "Lines in the Sand: Where Does Design Stop and Construction Start?," a workshop exploring the fine line between the roles and responsibilities of contractors and design professionals; "Why Should I Pay for Your Mistake?," where key components of construction indemnity provisions, such as personal/property injury, non-negligence to contract breaches will be addressed; and "To Pay or Not to Pay; To Stay or Not to Stay," in which panelists will discuss what constitutes reasonable grounds for owners to withhold payment, as well as a contractor's remedies for non-payment.
Thursday's luncheon will feature a presentation on the new structural design of the Arizona Cardinals football stadium. The presentation will include remarks from Jose Pienknagura and Robert Aylesworth Jr., both of the Hunt Construction Group, which was responsible for the New Washington National Ballpark, the St. Louis Cardinals' Busch Stadium, and Whataburger Field in Corpus Christi, Texas, in addition to the Arizona Cardinals' stadium.
The mission of the American Bar Association Forum on the Construction Industry is to serve the construction industry through education and leadership. With 6,000 members, the forum is the largest organization of construction lawyers in the world. Its members represent all segments of the construction industry including owners, design professionals, general contractors, construction managers, subcontractors, suppliers, insurers and sureties.
With more than 413,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the important of the rule of law in a democratic society.
Editor's Note: To obtain ABA press credentials to cover this and other forum events, accredited reporters may contact Gelasia Croom at 312/988-6243 or croomg@staff.abanet.org.
