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Negotiating and Structuring Construction Contracts: Leading Lawyers on Protecting Client Interests, Managing Risk, and Understanding Recent Trends and Developments (Inside the Minds)

Negotiating and Structuring Construction Contracts

  • Author:
  • Publisher: Aspatore
  • ISBN: 9780314904195
  • Published In: May 2009
  • Format: Paperback , 104 pages
  • Jurisdiction: U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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Leading Lawyers on Protecting Client Interests, Managing Risk, and Understanding Recent Trends and Developments

This product provides an authoritative, insider's perspective on best practices for the construction contracting process. Featuring partners from some of the nation's leading law firms, it discusses how to protect client interests and negotiate key provisions and assesses recent developments and trends in construction contracting. It provides tips on risk allocation during drafting and negotiating, including a comparison of risk in both AIA and ConsensusDOCS standard forms, and discusses project delivery methods, with a focus on key concerns related to the integrated project delivery model.

Dale E. Ahearn
 
Dale E. Ahearn is a member at Frost Brown Todd LLC. His practice involves representing tenants, developers, and lenders in commercial developments in Kentucky and twenty-five other states. He has been lead counsel (responsible for acquisition, leasing, and financing) in the development of over a hundred regional shopping centers during the past twenty years. He actively represents several major industrial facilities. He has also worked on a substantial number of international real estate transactions.
 
Nancy K. Feinrider
 
Nancy K. Feinrider, a partner at Manatt, Phelps & Phillips LLP, has extensive experience in public procurement disputes, construction litigation, arbitration, mediation, ADR; counseling clients on commercial management of construction and infrastructure/technology projects including negotiation and drafting of project contracts and change orders; structuring negotiation and settlement of construction claims on behalf of both owners and contractors as well as complex litigation in state and federal court in respect of a broad range of commercial matters. Ms. Feinrider has extensive experience in public contracts with New York State and City agencies, including both the construction and technology sectors. Ms. Feinrider served as a legal intern at the Federal Judicial Center, where she edited Asbestos Litigation in the United States Courts, published by the Center in 1985. From 1985 to 1986, Ms. Feinrider served as law clerk to Hon. Michael K. Dolinger, U.S. Judge-Magistrate, Southern District of New York. She attended the Benjamin N. Cardozo School of Law (J.D., cum laude, Alexander Fellow and Editor of the Moot Court Board, 1985) and New York University (B.A., magna cum laude, University Scholar, 1982).
 
Anne E. Gorham
 
Anne E. Gorham is a member of Stites & Harbison PLLC based in Lexington, Kentucky. She is the chair of the firm’s construction service group, co-chair of the Lexington office recruiting committee, and serves on the firm’s management committee. Her practice focuses entirely on construction contract drafting, negotiation, and dispute resolution. In 2005, she was elected to the American Bar Association’s governing committee of the forum on the construction industry, and she served as the forum’s membership committee chair for two years. She served as vice president of the Ohio Valley region of the Design-Build Institute of America, and past president of the Kentucky Bar Association’s section on construction and public contract law. Ms. Gorham is listed in The Best Lawyers in America for 2008 and the 2008 Kentucky Super Lawyers magazine, where she is also listed among the “Top Twenty-Five Women Lawyers” in the state. She is a graduate of the University of Kentucky with degrees in business administration and a juris doctor of law.
 
Ron Grodzinski
 
Ron Grodzinski, counsel at Manatt, Phelps & Phillips LLP, focuses on business litigation, representing private and public entities in court, arbitration, and alternative dispute resolution proceedings. A substantial component of his practice includes the representation of U.S. and international firms involving public contracts, including the technology, transportation, engineering/design, infrastructure, and construction sectors. This includes structuring of agreements, contract administration, claims analysis, and dispute resolution in all forums. Mr. Grodzinksi is a member of the transportation committee of the Association of the Bar of the City of New York, and a member of the legal committee of the American Public Transportation Association. He attended the University of Pennsylvania School of Law (J.D., 1994) where he was senior editor of the Comparative Labor Law Journal. He also attended the State University of New York at Binghamton (BA., with highest honors, Phi Beta Kappa, 1991).
 
Laurence R. Phillips
 
Laurence R. Phillips is a partner of McKenna Long & Aldridge LLP and a resident of its San Diego and Los Angeles offices. His litigation experience includes the representation of contractors, public entities, real estate developers, manufacturers, and other clients and their sureties and insurers in the mediation, arbitration, trial, and appeal of complex matters concerning government and private contract disputes, commercial disputes, lease disputes, real estate/land use disputes, and construction disputes. He also has significant experience negotiating and drafting public and private works construction contracts, joint venture agreements, commercial leases, work letters, real estate purchase and sale agreements, escrow instructions, and related loan documents. Mr. Phillips frequently lectures on issues relating to all stages of public and private works construction. He received his B.A. from the University of California at San Diego and his J.D. from Pepperdine University School of Law.
 
Steven M. Polan
 
Steven M. Polan, a partner at Manatt, Phelps & Phillips LLP, represents both government agencies and private firms in the development of public infrastructure projects, particularly in the transportation, environmental, and information technology sectors. He has worked on major projects across the United States, in Europe, and in Asia. He has broad and varied experience in government contracts and government procurement, the financing of public works, privatizations, and the specialized issues involved in construction and technology contracting. He has also served as an arbitrator in major commercial disputes involving government agencies. Prior to joining the firm, Mr. Polan was General Counsel for an international construction and engineering company firm. Previously, he served as Commissioner of Sanitation for the City of New York (1990-92) and as General Counsel of New York’s Metropolitan Transportation Authority (1981-89). Mr. Polan attended New York University School of Law (J.D., 1976), where he was a Hayes Civil Liberties Fellow, and Tufts University (B.A., summa cum laude, Phi Beta Kappa, 1973).
 
Kirk J. Retz
 
Kirk J. Retz, principal in the Law Offices of Kirk J. Retz PC, a firm focusing on construction, real estate, and business law. Mr. Retz’s ten years of hands-on experience as a building engineer distinguishes him from other construction attorneys and uniquely qualifies him to understand the intricacies and practical applications of construction law. He provides a broad array of services, including entity formation, contract negotiation, and litigation. Clients include Fortune 500 companies, municipalities, developers, contractors, and non-profit organizations. Mr. Retz received his B.S. from California State University Northridge in 1989 and his J.D. from Loyola Law School in 1993. He can be reached at [email protected] or through the firm’s website at www.retzlaw.com.
 
Geoffrey M. White
 
Geoffrey M. White is an attorney at Frost Brown Todd LLC. His practice is focused on representing lenders, owners, investors, developers, and managers in the workout, servicing, financing, purchase, sale, development, and management of commercial real estate properties. He has represented a variety of lenders in closings of more than $1 billion in loans in forty states. He also advises a variety of clients on green/sustainability issues arising in relation to real estate and construction matters.

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