Construction Law Essentials: Understanding the Latest AIA Contract Revisions

Steven Nudelman
Steven Nudelman | Greenbaum Rowe Smith & Davis LLP

Mr. Nudelman has practiced construction law for over 29 years, handling both transactional matters and claims.

Live Video-Broadcast: January 23, 2025
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2 hour CLE
Tuition: $195.00
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Program Summary

Attendees of this CLE will gain a practical and detailed understanding of the AIA contract documents, including the A, B, C, and G Series, with a specific focus on the key amendments made in 2017 to the A1012017 and A102-2017 agreements. The session will delve into the most frequently negotiated provisions within the A101-2017 and A201-2017 documents, providing actionable strategies for addressing these common areas of contention. Additionally, participants will explore how to navigate and resolve those final sticking points that often arise during contract negotiations, equipping them with the tools to confidently manage even the most complex construction contract discussions.

Key topics to be discussed:

  • AIA Documents (A, B, C, and G Series)
  • Amendments to AIA A101-2017 and A102-2017
  • Frequent Points of Negotiation Contract Provisions – A101-2017
  • Frequent Points of Negotiation Contract Provisions – A201-2017
  • Those Final Sticking Points
  • Final Thoughts and Open Discussion

Date / Time: January 23, 2025

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Steven Nudelman_myLawCLESteven Nudelman | Greenbaum Rowe Smith & Davis LLP

Steven Nudelman is chair of the Construction Contracting & Risk Management Practice Group at Greenbaum, Rowe, Smith & Davis LLP, with offices in Red Bank, Woodbridge and Roseland, New Jersey. He is a partner in the Real Estate and Litigation Departments, and a member of the Construction Disputes, Community Association, Alternative Energy & Sustainable Development and Alternative Dispute Resolution Practice Groups.

Mr. Nudelman has practiced construction law for over 29 years, handling both transactional matters and claims. He works with owners and developers, construction managers, general contractors, subcontractors and design professionals to prepare and negotiate contract documents for construction projects in the New Jersey and New York metropolitan area. He also represents clients in state and federal courts, as well as in local and international mediations and arbitrations.

A Charter Fellow of the Construction Lawyers Society of America and a Fellow of the Litigation Counsel of America, Mr. Nudelman is Top Ranked by Chambers USA in New Jersey Construction. He is also listed in The Best Lawyers in America in Litigation – Construction and rated by Super Lawyers in Construction Litigation.

Mr. Nudelman is co-author of the New Jersey chapter of CPI Lien Law Online (Construction Publications, Inc., 2021) and Practical Law – Construction Laws and Customs: New Jersey (Thomson Reuters, 2018). Mr. Nudelman is the author of Practical Law – Construction Liens in Practice (NJ) (Thomson Reuters, 2018) and he serves as the legal columnist for Plumbing Engineer and PHC News. He is a frequent author and lecturer to trade industry groups on construction law issues.

Mr. Nudelman is Immediate Past Co-Chair of the Construction Law Section of the New Jersey Bar Association, a member of the New Jersey Supreme Court Committee on Complementary Dispute Resolution and Secretary of the District VIII Fee Arbitration Committee. Mr. Nudelman also serves as an arbitrator for the American Arbitration Association on the Construction and Consumer Panels.

He graduated from Rensselaer Polytechnic Institute with a B.S. in Management (cum laude) and earned his law degree (cum laude) from Brooklyn Law School, where he was Editor-in-Chief of the Journal of Law and Policy.

Agenda

I. AIA Documents (A, B, C, and G Series) | 1:00pm – 1:20pm

II. Amendments to AIA A101-2017 and A102-2017 | 1:20pm – 1:40pm

  • Contract Time
  • Progress Payments
  • Termination
  • Electronic Notice and BIM

III. Frequent Points of Negotiation Contract Provisions – A101-2017 | 1:40pm – 2:00pm

  • Owner’s Financial Information
  • Warranties
  • Schedule
  • Communications with the Owner
  • Minor Changes
  • Payment Applications
  • Lien Waivers
  • Indemnification
  • Dispute Resolution
  • Termination Fee

Break | 2:00pm – 2:10pm

IV. Frequent Points of Negotiation Contract Provisions – A201-2017 | 2:10pm – 2:30pm

  • Precedence / Order of Priority for Contract Documents
  • Progress Payments
  • Final Payments
  • Retainage – Withholding and Release Issues
  • Substantial Completion
  • Liquidated Damages
  • Bonuses

V. Those Final Sticking Points | 2:30pm – 2:50pm

  • Notice
  • Financial Arrangements
  • Roles of Owner, Contractor, Architect, Subcontractors
  • Submittals, Shop Drawings and Schedules
  • Changes – Change Orders and Construction Change Directives
  • Contract Time
  • Force Majeure – Delays – Extension of Time / Damages
  • Material Price Escalation
  • Safety
  • Correction of Work and Warranties
  • Termination
  • Payments and Completion

VI. Final Thoughts and Open Discussion | 2:50pm – 3:05pm

  • Insurance
  • Indemnification
  • Limitation of Liability
  • Instruments of Service
  • Dispute Resolution

VII. Final Thoughts and Open Discussion | 3:05pm – 3:10pm

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