Continuing Legal Education

Understanding a Construction Contract

April 7, 2017
8:55 a.m. – 5:00 p.m.
6.50 MCLE hours

ISBA Regional Office
20 S. Clark Street, Suite 900
(map and directions)


Learn about the unique structure and components of
construction contracting with this full-day seminar!

Construction law attorneys, general practitioners, and real estate lawyers with basic practice experience who attend this seminar will learn:

  • The different delivery methods for construction contract documents;
  • Which parties should be listed in a construction project;
  • Different compensation models for construction projects;
  • Why shop drawings are not considered contract documents;
  • Which statutory issues can arise during both a public project and a private project;
  • Which obligations belong to the owner, contractor, architect and engineer;
  • Which insurance provisions are needed;
  • Understanding the rules for communication between all involved parties;
  • Protecting the project through the payment process;
  • The different ways a project can come to a close;
  • Understanding the process for adjusting the scope, time, and price on a construction contract; and
  • Understanding claims processes involved in a construction project.


Program Coordinator:
Nathan B. Hinch
, Mueller Reece & Hinch LLC, Bloomington

Program Moderator:
Justin L. Weisberg
, K&L Gates LLP, Chicago


NOTE: Beginning in 2017, your registration includes access to electronic course materials that will be sent to you via email prior to the seminar. Printed course materials may be purchased for a nomial fee via the registration page.



8:55 – 9:00 a.m.  Opening Remarks
Justin L. Weisberg
, K&L Gates LLP, Chicago

9:00 – 9:30 a.m.  The Contract Documents: Delivery Methods and Form Contracts
Learn about the different delivery methods for construction contract documents, including Design Bid Build, Design Build, CM, and IPD, as well as form contracts (such as AIA, EJCDC, ConsensusDocs, DBIA, CMAA) that may be used in your project.
Justin L. Weisberg, K&L Gates LLP, Chicago

9:30 – 10:00 a.m.  Scope and Description of a Construction Project
This presentation discusses which parties should be listed in a construction project, what should be included in the project description, and how to set the scope parameters of the project.
Eric L. Singer, Ice Miller LLP, Lisle

10:00 – 10:15 a.m.  Networking Break (beverages provided)

10:15 – 11:00 a.m.  Compensation, Time, and Damages
This segment examines the financial compensation aspect of a construction project, including lump sum, unit price, time/materials, cost plus fee, and guaranteed maximum price, as well as timelines (substantial completion, final completion, and phased construction) and liquidating damages.
James M. Dash, Carlson Dash LLC, Chicago

11:00 – 11:30 a.m.  Contract Documents: Conditions
This session discusses general conditions, supplemental conditions, change orders, drawings, and order of precedence. A look at why shop drawings are not contract documents is also included.
Eric L. Singer, Ice Miller LLP, Lisle

11:30 a.m. – 12:15 p.m.  Statutory Issues on Public Projects
Don’t miss this comprehensive look at the statutory issues that can arise throughout a public project, including liens, bonds, prevailing wage, anti-corruption, U.S. steel, prompt payment, and certifications.
Stanley N. Wasser, Feldman Wasser, Springfield

12:15 – 1:15 p.m.  Lunch (on your own)

1:15 – 1:45 p.m.  General Conditions – Whose Job Is It Anyway?
This presentation examines the various obligations of the owner, contractor, and architect/engineer in a construction project.
Nathan B. Hinch, Mueller Reece & Hinch LLC, Bloomington

1:45 – 2:15 p.m.  Insurance Provisions
Get the information you need about indemnity and insurance provisions for your next construction project.
Geoffrey A. Bryce, Bryce Downey, LLC, Chicago

2:15 – 2:45 p.m.  Communication and Changes
Keeping the channels of communication open influences the success of a construction project. This session discusses project changes, extensions of time (independent delay, owner delay, contractor delay, no damages for delay provision), differing site conditions, and environmental condition issues.
David T. Arena, Dimonte & Lizak LLC, Park Ridge

2:45 – 3:00 p.m.  Networking Break (refreshments provided)
Sponsored by the Illinois Bar Foundation

3:00 – 3:45 p.m.  Project Payments
This presentation discusses the payment aspects of a project, as well as subcontractor issues such as assignment, flow down, pay if paid, pay when paid, protection from liens, indemnity, additional insurance, and warranty. Coordinating with other contractors and subcontractors is also discussed.
Margery Newman, Deutsch Levy & Engel Chtd., Chicago
Paul Peterson, Fidelity National Family of Title Insurance Companies, Chicago

3:45 – 4:15 p.m.  Ending a Project
This segment discusses the different ways a construction project can end, including project completion, corrections, warranty, claims, suspension, termination, and dispute resolution.
Justin L. Weisberg, K&L Gates LLP, Chicago

4:15 – 5:00 p.m.  Statutory Issues on Private Projects
Don’t miss this in-depth look at the statutory issues that can arise throughout a private project, including liens (section 5 requirements, no lien provisions, subordination provisions, and bond), Prompt Payment Act, HRRA, and implied contraction provisions.
Raymond M. Krauze, K&L Gates LLP, Chicago
Paul Peterson, Fidelity National Family of Title Insurance Companies, Chicago