Join us for an engaging conversation with construction attorneys and architects about how to safeguard your projects, firm and clients against economic challenges.  We’ll delve into standard contract clauses, common law protections, contract negotiations and project controls in a volatile environment.  Our panel will offer diverse prospectives on the challenges and solutions in these areas.  Tune in to discover best practices for navigating in today’s economically challenging built environments.

Summary:

Tariffs are taxes levied on goods imported into the U.S., usually paid by the importer at the port of entry. These tariffs increase the costs of imported materials, such as those used in construction, potentially leading to higher project expenses. Standard construction contracts typically hold contractors responsible for any tax changes, including tariffs, without compensation for increased costs. Relief for tariffs is rarely included in force majeure or commercial impracticability clauses, and while some federal contracts might allow for equitable adjustments under certain conditions, this is not a certainty. Those in the role of Project and Contract Management should consider negotiating specific contract clauses to manage tariff-related risks effectively.

Learning Objectives:

• Understand how tariffs function as taxes on imported goods and their impact on construction costs.
• Identify the standard contract obligations regarding taxes and tariffs for contractors.
• Recognize the limitations of common contract clauses, such as force majeure, in providing relief for tariffs.
• Explore potential strategies to mitigate tariff impacts through contract negotiation.
• Recognize the importance of consulting experienced legal counsel when addressing tariff-related risk and contract disputes.

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MEET THE PANEL

Jeffery Bright | Offit Kurman

Jeffrey Bright is a principal attorney in the firm’s Construction Practice Group. Jeff has a multi-state construction law practice and is licensed in Pennsylvania, Maryland, D.C., Virginia and California. With more than a 15 years of legal experience focused on the construction industry, he advises on construction contracts, project disputes and other legal issues that arise in the construction industry, including labor and employment law, real estate and prevailing wage.

Jeff routinely assists clients in redlining and negotiating construction contracts and has advised on hundreds of contract documents and negotiations. He prioritizes practical, solutions-oriented advice and has guided clients on various project delivery methods, including traditional design-bid-build, design-build, multi-prime, delegated design, CM as advisor, CM at risk, joint venture and sophisticated variations of cost-plus fee with GMP contracts. Read More

Mark Johnson | Offit Kurman

With over three decades of construction, environmental, and real estate litigation experience, Mark Johnson brings seasoned leadership to complex legal challenges. He has served as lead counsel in over 30 jury trials, bench trials, and high-stakes arbitrations, handling disputes across construction, environmental compliance, land use, landlord-tenant issues, oil and gas, real estate, and toxic torts.

Mark’s construction law practice encompasses representing owners, general contractors, subcontractors, and design professionals in private and public works disputes. His extensive experience includes resolving claims involving extra work, changed conditions, delays, loss of productivity, defective workmanship, product liability for construction materials, insurance coverage for construction defect claims and property damage claims, including fire damage claims, and California contractor licensing laws. He has successfully navigated construction disputes in state and federal courts across multiple states and before the federal Civilian Board of Contract Appeals and California’s Public Works Contract Arbitration program. Read More

Eric Booth, AIA | Desmone

As President of Desmone, an architecture and interior design firm with offices in Western Pennsylvania and West Virginia, Eric Booth strategizes, innovates and implements through all facets of the company. Eric strives to elevate the perception of the architecture profession by structuring the design process around the fundamental reason a building is constructed: to serve people. This conviction is evident as Eric led the Desmone team to pioneer the design and construction of a 25,000 SF office addition, Pittsburgh’s first WELL Gold certified office space. Read More

Michael Spinelli ESQ, AIA

Mr. Spinelli is a Registered Architect and Attorney with vast experience in the study, analysis, design and management of a wide array of municipal and private construction projects. Recently, an Adjunct Professor at SUNY Farmingdale where he taught graduate courses titled The Legal Aspects of the Construction Process and Construction Contracts, Mr. Spinelli has been retained by numerous municipalities on Long Island, including the Town of Oyster Bay, Town of Hempstead, Town of Brookhaven, Village of Thomaston, and many of the nation’s largest insurance companies, to evaluate, design and/or manage complex and often troubled construction projects through completion. Directing a team of engineers, architects, master code professionals, environmental scientists and LEED sustainable professionals, estimators and planners, Mr. Spinelli is a recognized expert in the industry in both design and construction process that support building superstructures and site amenities.  Read More

Chris Brand, AIA

Chris Brand is a licensed architect with over fifteen years of applied experience. He is known for his strong technical skills paired with a methodical and meticulous approach to his work. He is motivated to pursue architectural work that receives community support and recognition, while offering access and opportunities, particularly for projects that touch the educational sector and limit the financial barrier to inclusion. This focus has led to his participation in several specialized vocational and technology-driven spaces, including the Hudson County Schools of Technology’s Liberty High School and Bergen Community College’s STEM Student Research Center – a facility that was opened to great reception from the community, provided research grants that were not made previously-available, and allowed students to learn using cutting-edge equipment.

Chris’ passion for the industry is also apparent through his involvement in the American Institute of Architects (AIA); his service as President for the Architects League of Northern New Jersey (ALNNJ); his participation in the AIA-NJ’s K-12 committee, and where he helps to endow scholarships to students who are pursuing architecture.