The panel will discuss the construction contract component included in a build-to-suit lease. The panel will also address the parties’ respective interests, risks and concerns as well as their roles and responsibilities during the construction process. The panel aims to provide practical approaches to issues practitioners encounter in a build-to-suit lease.

Topics to be discussed include the following:

• Core concerns of each party;
• The scope of work proposed to be done and responsibilities of each party;
• Design issues;
• Contractor selection;
• The schedule for the work, including pertinent deadlines, phased completion, substantial completion, and final completion;
• Ramifications for late delivery or default;
• Insurance on the construction project; and
• Construction loan implications, lien issues, allowance and payment issues, including progress payments and final payment.

PANELISTS:

George P. Bernhardt

Baker Hughes Inc., Houston, TX

Bob Dugger

Cassidy Turley, Indianapolis, IN

James E. Goodrich

Saul Ewing LLP, Baltimore, MD  

Soo Yeon Lee

Gordon & Centracchio, L.L.C., Chicago, IL