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.:: Greeting ::.
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Dear Colleagues,
The Joint Midwinter 2007 Meeting of the Forum and FSLC returns to beautiful San Francisco and the historic Westin St. Francis Hotel, built in 1904 and located in the heart of the City, facing Union Square. This program is designed as an advanced course on the implementation of design-build. Whether you represent providers or procurers of design-build services, or just want to learn more about this project delivery system, this program will provide you with unique perspectives and insights into the use and misuse of design-build.
All of the sessions of this one day program are plenary sessions. The first session focuses on structuring the design-build teaming agreement to maximize the potential for success. Does the teaming agreement accurately reflect the promises made to the owner? What should the team do if the owner micromanages the design process, or exerts control over design decisions? How do design issues, and control over design decisions, effect buy-out of the subcontractors and downstream delegation of design responsibility? The panelists will address these and many other risk allocation issues.
No discussion of design-build would be complete without considering relevant insurance and bonding issues, and our second session focuses on these topics. As to insurance, the presenters will address the allocation and insurability of the risks faced by the design-build team, the interplay between professional liability versus CGL insurance, the types of coverages commercially available, and much more. Not to be overlooked, the speakers will also focus on several bonding issues such as the use of alternative forms of security in lieu of bonds, how to structure the underlying indemnity agreements, and how the dollar value of performance is measured and quantified for bonding purposes.
The third session focuses on Owner-provided bridging documents, and their impact on the design and performance obligations of the design-build team. Is the Owner liable for design errors and omissions arising out of the bridging documents? What are the practical implications of implementing a "bridged" project? What options are available to deal with the impact of the "bridging" documents on the team's performance obligations and warranties? The answers await you in San Francisco.
The fourth session is a practical "lessons learned" presentation, focusing on actual reported instances where design-build has gone awry. Case studies will be used to illustrate instances where design-build has gone failed. Instead of learning what to do, this session will instruct on what not to do.
The fifth and final session focuses on the use of the design-build delivery system for heavy construction projects. This session will focus on the advantages and disadvantages of using design-build for heavy construction projects, long term performance warranties, completion issues unique to heavy projects, and flow down provisions important for federally funded projects.
As if these topics, preeminent speakers and first class materials alone weren't worth the price of admission, beautiful San Francisco has an allure all itself. San Francisco is one of the great urban centers of America, with tourist attractions, cultural amenities and some of the country's best restaurants, museums and historic sites. Napa Valley is also a very short drive away.
Enjoy the City by the Bay!
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The Joint Midwinter 2007 Meeting Planning Committee
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 Timothy R. Thornton
Program Chair
Greensfelder Hemker & Gale
trt@greensfelder.com
314-241-9090
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 John I. Spangler III
Governing Committee Liaison
Alston & Bird LLP
jspangler@alston.com
404-881-7000
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©2007 ABA Forum on the Construction Industry | 
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