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The New Infrastructure Bill and Your Need to Understand Design-Build and Engineer-Procure-Construct Projects

SKU: CON3900
Total Credits
1 - 1.8
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Public entities/agencies will want to get funding to work as quick as possible. They will want to avoid the time constraints and design-liability associated with design-bid-build. As a result, there will be a move to design-build (also sometimes referred to as Engineer/Procure/Construct (EPC) projects) in order for these projects to be started as quickly as possible, and to hopefully mitigate exposure for claims.

The problem is that the change in legal dynamics associated with design-build are not really understood. Particularly, Owner do not understand this change and how it greatly impacts their ability to shape the projects using design-build as a procurement method. Contractors do not understand the radical change that it now has with the Engineer.

Engineers do not understand the significant impact on their liability exposure. Subcontractors do not understand the difficulties of bidding partially designed projects and the impact on pricing, particularly material escalation risks. Sureties do not understand how the basics of their business are changed with the addition of the engineer on the contractor’s team.

The presenter has extensive experience with hundreds of design build-projects, some of which exceed a billion dollars. He will share his thoughts on the issues that can be expected and strategies to be used.

Lecturer Bio

Michael F. McKenna, Esq.

Mr. McKenna graduated with an Engineering Degree from Manhattan College. After working as a Design Engineer and a Project Manager for a large construction company, he has spent the last 40 plus years as a construction lawyer with a national and international practice. He has done several hundred Mediations, Trial (jury and non-jury) and Arbitrations.

He has taught about 200 seminars and webinars on the topic of construction law, and has been a Guest Lecturer at many colleges and law schools, including at Harvard Law School. He has been recognized with many awards and is one of the few construction lawyers that is a Member of The Moles, the preeminent heavy construction organization in the United States.

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