Adapting Construction Contracts to Fit Prefab & Modular Building
A discussion with our own, Ron Ciotti, Partner, Hinckley Allen, Chair of AGC of America’s Contract Documents Forum.
Prefabrication and modular building have changed the construction industry in more ways than just increasing its efficiency, safety, quality, and speed. They have also changed how construction contracts need to be written, demanding a complete re-write of your standard construction contract! Prefabrication and modular construction often include both off-site manufacturing of building components as well as the installation of those components into an ongoing project. Standard Subcontracts or Purchase Orders do not address the unique legal aspects raised by prefabrication, and consequently you are putting your project at risk if these risks go unaddressed. However, as Chair of the AGC of America’s Contract Documents Forum, Ron Ciotti had the privilege of leading the working group which has published ConsensusDocs’ first-in-the-nation General Contractor/Prefabricator Agreement which specifically and properly addresses prefab operations and implementation. Those attending will learn how your current contracts and purchase orders fail to address key new risks that arise with prefab, and why the industry’s first standard form is critically needed. My sessions will highlight the most important issues presented by prefabricated construction, best practices for solving these issues, and how to tailor the industry first standard prefabricated contract to fit your specific business and project needs.
Ron Ciotti, Partner, Hinckley Allen
Ron’s practice is focused on all aspects of the construction industry. He has substantial experience representing general contractors, construction managers, subcontractors, prefabricators, modular builders, suppliers, and owners/developers in construction-related matters, including all aspects of construction law, contractual disputes, lien work, bond claims, construction and design defect claims, bid disputes, in litigation and dispute resolution. Ron has litigated cases/issues before all levels of courts in numerous jurisdictions throughout the country, arbitrated disputes nationally, and advocated on behalf of clients using various forms of dispute resolution. He also has broad experience in construction transactional work, drafting and negotiating contract documents for all types of project delivery including, integrated project delivery and other highly collaborative delivery methods, design-bid-build, design build, CM-at-Risk, and other more traditional methods for both public and private projects. Ron was also the Chair of the ConsensusDocs committee that drafted and published the first-in-the-nation General Contractor/Prefabricator contract form. Ron routinely counsels his clients on all business aspects of planning, initiating, and completing construction related projects.
Ron is also helping to shape this nation’s construction industry through his intimate involvement in the nation’s largest construction organizations. Ron is a Member of the AGC of America’s Board of Governors, member of the Building Division Leadership Council, Chair of its Contract Documents Forum, and Chair of its Prefabrication Working Group, as well as a National Director on the Associated Builders and Contractors’ National Board of Directors. He is also a nationally recognized speaker and author and has presented on a myriad of construction related topics, on behalf of over 50 different organizations, including, the Associated General Contractors of America, Associated Builders and Contractors, the American Bar Association’s Forum on Construction Law, Construction SuperConference, Construction Management Association of America, Construction Owners Association of America, Modular Building Institute, National Institute of Building Sciences, International Group for Lean Construction, National Association of Surety Bond Producers, Association of the Wall and Ceiling Industry, ConsensusDocs, Fuse Commercial Flooring Alliance, National Business Institute, Lorman Educational Services, Build Boston, ABX, North East Flooring Contractors Association, International Council of Shopping Centers, Association for the Advancement of Cost Engineers International, MCLE New England, Strafford Webinars, Northeast Trenchless Association, Design Cost Data Journal, New England Real Estate Journal, NH Good Roads Association, and Associated General Contractor chapters in New York, Nevada, Massachusetts, Virginia, New Hampshire, and Maine.
|Rich||Scopelliti||Consigli Construction Co., Inc.|
|Kristy||Lyons||Consigli Construction Co., Inc.|
|Mike||Trzesniowski||Consigli Construction Co., Inc.|
|Dave||Curry||Consigli Construction Co., Inc.|
|John||Sheehan||D.A. Sullivan & Sons, Inc.|
|Joe||Yee||Dellbrook | JKS Construction|
|Craig||Gabri||Dellbrook | JKS Construction|
|Stephen||Bocwinski||Dellbrook | JKS Construction|
|Frank||Reynolds||Dimeo Construction Company|
|Jeremy||Oliveira||Dimeo Construction Company|
|Nathan||Burnham||Gilbane Building Company|
|David||Ponte||Nautilus Consulting LLC|
|Jeff||Bernarducci||Sheehan Phinney Bass & Green PA|
|Marche||Kellerhals||Sullivan & McLaughlin Companies, Inc.|
|Shaun||Mellett||Sullivan & McLaughlin Companies, Inc.|
|Bernie||Quinlan||Sullivan Insurance Group|
|Clare||Morin||T.J. McCartney, Inc.|
|Jake||Sexton||USI Insurance Services|
|Stacey||Lancaster||Zurich North America Construction-Bos|