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.

On-Demand: January 23, 2025

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

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

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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