Construction Super Conference 2018

S12 Crisis Management: Protecting the Company from Bet the Company Problem (Room Encore Ballroom 8)

11 Dec 18
11:30 AM - 12:45 PM

Tracks: Business, Business, Business, Business, Business, Business, Business, Business, Digital Decorating, Digital Decorating, Digital Decorating, Digital Decorating, Digital Decorating, Embroidery, Embroidery, Embroidery, Embroidery, Embroidery, Screen Printing, Screen Printing, Screen Printing, Screen Printing, Screen Printing, Screen Printing, Screen Printing, Screen Printing, Screen Printing, Screen Printing

This panel of in-house legal counsel will discuss the big problems that threaten the continuing existence of even the largest contractors. In today's environment where billion-dollar projects are increasingly common and owners are asking contractors to take on greater risks, what can lawyers do to identify and mitigate "bet the company" risks, address issues that place company survival in jeopardy, plan for the unexpected, oversee mega-disputes, and implement crisis management protocols?  Starting with contract negotiations, the panel will identify specific risk allocation provisions that are crucial to the contractor's long-term future. The panel will also discuss how to address big problems when they arise, including complicated decisions such as stopping work to limit out-of-pocket losses, terminating key subcontractors or suppliers or initiating disputes during construction.  Managing large disputes in challenging circumstances will also be addressed. The practical issues of preparing for the unexpected, developing best practices and crisis management will also be explored.

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

  • Identify risks that should be addressed in contract negotiations to avoid big problems that can jeopardize a contractor's ability to continue as a going concern.
  • Understand real world examples of "bet the company" issues and developing tools that attorneys can use to manage and contain potential losses.
  • Understand best practices for dispute and crisis management when company threatening issues arise.