Contracts

A set of coordinated contracts is critical to completely understand the project, and to establish consistent expectations among all parties. Over the years, I have drafted and negotiated more than a thousand contracts, for hundreds of various types of projects. Contract types have included lump sum, cost-plus with a guaranteed maximum price (and on very rare occasions, cost-plus without a GMP), unit price, and design-build. Contracting parties have included all the different players in the design and construction industry: public authorities, private institutions, companies and developers; prime contractors and construction managers; architects and engineers; subcontractors and sub-consultants; vendors and distributors; sureties; and consultants.

I have worked with all of the major association template forms: AIA, ConsensusDOCS, EJCDC, DBIA, and CMAA. "Worked with" means not only analyzing, drafting and negotiating those forms, but also speaking to industry groups about the forms and the periodic updates that are issued by the sponsoring associations. With respect to both AIA and ConsensusDOCs forms, I have participated on committees and task forces charged with providing input to the associations as they go through the process of updating and revising those forms.

My contracting philosophy is to identify the client's position, state it clearly, and state it once. My approach is to eliminate inconsistencies, and avoid language that could create ambiguity or foster miscommunication. Years of litigation experience have shown me the kinds of situations that give rise to disputes, and have informed my approach to contract drafting and negotiation.

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