Kevin F. Peartree, Partner, represents clients in all areas relating to the construction industry, contract law and suretyship.  He handles construction litigation, counseling and contract negotiation for contractors, design-builders, construction managers, specialty contractors and sureties.

Mr. Peartree has been extremely active in the Associated General Contractors of America (“AGC”) and has served as outside counsel for the Contract Documents Committee.  He was a principal participant in the drafting of the new ConsensusDOCS standard form contract documents published in 2007 by a group more than 20 construction industry-related associations.  He was one of the principal drafters of ConsensusDOCS 300, Standard Form of Tri-Party Agreement for Collaborative Project Delivery, an agreement signed by owner, designer and constructor promoting the integration of efforts and lean construction principles.  Mr. Peartree was involved in the drafting of the 1999 edition of the AGC design-build standard form contract documents as well as the revision and drafting of the AGC’s standard form owner-contractor agreements, joint venture agreement, owner’s representative agreement and various other administrative forms.  

Mr. Peartree co-edited the AGC Contract Documents published in 2003 by Aspen Publishing, for which he co-wrote a chapter on AGC design-build Document No. 410, and has contributed chapters for subsequent annual supplements.  He has written for and given presentations around the country on the topics of risk management, contract documents, ConsensusDOCS, the AIA contracts, project delivery systems, design-build, insurance, surety topics, the  and the New York Lien Law.  He has spoken before a number of industry groups including the American Bar Association Forum on the Construction Industry, the International Risk Management Institute, The Associated General Contractors of America, and the Construction Specifications Institute.

Practice Areas:

• Construction Law
• Surety Law
• Alternative Dispute Resolution
• Construction Litigation
• Arbitration and Mediation

Court Admissions:

• New York, 1991
• New York and U.S. District Court, Northern, Southern, Eastern and Western Districts of New York

Professional Associations:

• American Bar Association (Member: Forum on the Construction Industry, Division 2 Contract Documents and Division 4 Project Delivery Systems).

Publications

• AGC Contract Documents Handbook, Aspen Publishing, Inc. 2003, and Supplements. Co-editor.
• “The ConsensusDOCS 300 Standard Form of Agreement for Collaborative Project Delivery”, The Construction Lawyer, Winter 2009.
• “OK, Everyone Join Hands: The Brave New World of Collaborative Documents and Tri-Party Agreements”, ABA Forum on the Construction Industry, September 2008.
• “ConsensusDOCS: Beyond AGC Documents”, Chapter 18, AGC Contract Documents Handbook, 2008 Supplement.
• “ConsensusDOCS: From Fragmentation to Collaboration”, The Voice, Construction Users Roundtable, Fall 2007. Co-author.
• “AGC Document No. 299”, Chapter 17, AGC Contract Documents Handbook, 2007 Supplement.
• “AGC Document No. 530”, Chapter 16, AGC Contract Documents Handbook, 2006 Supplement. Co-author.
• “AGC Document No. 810”, Chapter 15, AGC Contract Documents Handbook, 2005 Supplement.
• “AGC Document No. 800”, Chapter 14, AGC Contract Documents Handbook, 2004 Supplement.
•  “Forms We Advocate When Representing the Design-Builder”, Chapter 4, Construction Business Formbook, Aspen Publishers, Inc., 2004. Co-author.
• “The Winds of Change – Surety Innovations Take Flight at Dallas/Fort Worth Airport Project,” Tips Fidelity and Surety Law Committee Newsletter, American Bar Association, Spring 2001.
• “Restrictions on Allocation of Insurable Risks – Insurance Issues,” Forum on the Construction Industry and Tips Fidelity and Surety Law Committee, American Bar Association, 2001.
• “Design-Build and the New AGC Design-Build Documents,” Aspen Construction Law Update, 2000, Co-author.
• “AGC Revises Design-Build Contracts,” Construction Risk Management, International Risk Management Institute, Inc., 2000, Co-author.
• “Design-Build and the Design-Builder’s Perspective,” Defense Research Institute, 1999, Co-author.
• “The Design-Build Project Delivery System,” Build New York, General Building Contractors of New York, Inc., April 1999, Co-author.
• “The New A201 Contract,” Fabricator, Official Publication of the National Ornamental and Miscellaneous Metals Association, November-December 1998, Co-author.
• “New AIA Document A201,” 1997 ed.  “From The Contractor’s Perspective – It Ain’t What It Used To Be”, Wiley Construction Law Update, 1998, Co-author.
• “The New A201 – What’s In It For The Contractor,” Constructor, 1997, Co-author.
• “A New Look at Construction Management,” Wiley Construction Law Update, 1996, Co-author.
• “Design-Build:  The Pitfalls and Profits of the Once and Future Project Delivery System,” National Association of Surety Bond Producers, 1995, Co-author.
• “Design-Build:  The AGC Approach,” Forum on the Construction Industry, American Bar Association, 1995, Co-author.
• “The Status of Contingent Payment in New York and Beyond,” GBC News, General Building Contractors of New York State, Inc., 1994.

Speaking Engagements

• “AIA Contracts”, Lorman, January 2009
• “OK, Everyone Join Hands: The Brave New World of Collaborative Documents and Tri-Party Agreements”, ABA Forum on the Construction Industry, September 2008.
• “Introducing ConsensusDOCS 300 – The Industry’s First Tri-Party Standard Contract”, AGC of America, Inc., May 2008.
• “New Industry Contract Documents and Your Bottom Line”, International Risk Management Institute, Spring, 2008.
• “The Fundamentals of Construction Contracts”, Lorman, February 2008
•  “Contract Documents – A Collaborative Approach”, International Risk Management Institute 2007 Construction Risk Conference, October 2007
• “Introduction to AGC’s Revised Agency Construction Management Documents”, Construction Specifications Institute, Annual Convention 2006.
• “Before You Sign on the Dotted Line”, Master Builders of Iowa, 2006.
• “The Changing World of Construction Risk Management: Understand or Die”, Associated General Contractors of America, Annual Convention, 2006.
• “Solving the Project Delivery Dilemma”, Master Builders of Iowa, 2004.
• “Managing the Risk of Construction”, Lorman February 2003.
• “Default Insurance Alternative Surety Approaches and the Pitfalls of Additional Insured Status,” American Bar Association’s Passing the Buck:  Legal Limitations on Transferring Construction Risks, January 2002.
• “Alternative Delivery Systems,” Associated General Contractors of Maine, 1996.
• “Lien Law Basics in New York,” New York Lien Law, Lorman.