Construction Super Conference 2018

S01 Game Change! Why Prefabrication and Modular Construction Doesn’t Fit Your Traditional Legal Approaches and How to Tailor These Advancements! (Room Encore Ballroom 6)

10 Dec 18
2:30 PM - 3:45 PM

Tracks: Business, Business, Business, Business, Business, Business, Business, Business, Digitizing, Digitizing, Digitizing, Digitizing, Digitizing, Digitizing, Digitizing, Digitizing, Digitizing

Prefabricated and modular construction are growing rapidly in use, and offer serious advances. They also create serious potential legal gaps. You will need to revise your traditional construction contracts and structure your agreements differently to address these issues. How your contract is interpreted and potential claims handled, may totally change in the context of off-site prefabricated construction including: application of the prime contact to the modular builder; labor rules for factory labor vs a construction site; union/licensed trade concerns; termination for default and defective work; insolvency; risk of loss; notification of claims; and inspection rights. You will learn about troubling contract clauses currently in use relating to prefabrication and modular construction, and recommendations to protect you and your clients. This panel will explain the ramifications of whether the modular builder is a manufactuer or a subcontractor, and the merits of expressly creating a bailment.

Upon completion of this session, participants will be able to:

  • Understand how prefabrication and modular construction can completely change the laws traditionally applied to the construction of a project.
  • Understand how to spot problematic clauses that misfit prefabicated construction and potential negotiation solutions that make more sense.
  • Understand how the terms of traditional construction contracts should be altered for prefabrication and modular construction.