Shutts & Bowen LLP attorneys, James Terpening and Erik Hanson, gave a presentation discussing construction contract drafting at the meeting of the Construction Law Committee, hosted by the Real Property, Probate and Trust Law Section of The Florida Bar on May 9, 2022.
James and Erik’s CLE accredited presentation, entitled “Construction Contract Drafting – Five of the Most Important Provisions to Consider When Advising your Clients,” examined critical clauses and provisions specific to Florida construction contracts, as well as key takeaways attorneys should note when drafting such provisions in contracts. During the presentation, James and Erik discussed price and material escalation clauses, notice provisions, incorporation of documents by reference, indemnity provisions and contingent payment clauses.
The Construction Law Committee meets telephonically at 11:30 a.m. the second Monday of every month to carry out Committee business and attend a continuing legal education class (CLE) on topics of interest to the construction industry practitioner.
About James Terpening III
James P. Terpening III is a partner in the Tampa office of Shutts & Bowen LLP, where he is a member of the Construction Litigation Practice Group. James is Board Certified by The Florida Bar in Construction Law. James represents owners, developers, contractors, and design professionals in disputes involving, among other things, payment, construction defect, construction lien, insurance coverage, and bond issues. In addition to jury and bench trial experience, James has completed Florida court-appointed arbitrator training and served as an arbitrator in a construction dispute and successfully represented construction clients in arbitrations. Beyond representation of clients in disputed matters, James advises clients on avoiding litigation and resolving matters through alternative methods of resolution, including negotiation, mediation, and arbitration.
About Erik Hanson
Erik M. Hanson is a senior associate in the Sarasota office of Shutts & Bowen LLP, where he is a member of the Construction Law Practice Group. Erik focuses his practice on construction law, including the negotiation and drafting of construction contracts and construction dispute resolution. He has argued numerous appeals, including before the Second District Court of Appeal. His previous experience includes trial practice and dispute resolution in construction, commercial, real estate and intellectual property litigation, as well as trust and estate disputes.