Kilpatrick Townsend is a proud sponsor of the 2018 Construction SuperConference. The conference, now in its 33rd year, is recognized as the preeminent construction conference developed for mid- to senior-level professionals who work in any of the legal and commercial construction markets.

Kilpatrick Townsend attorneys Larry Prosen and John Alden will present "Construction Labor Relations Issues for the Construction Litigator & Non-Labor Attorney." Co-presenters include Rod Eisenhauer, Performance Contracting Group and David Tapparo, Executive Vice President, CBG Building Company.

Description: Many construction litigators and clients have had to deal with labor relations and other issues on a project or case, yet many have little understanding of the issues associated therewith. This panel discussion will identify and discuss some of the more current issues that a project or client can experience in layperson's terms from both the union and non-union or merit shop perspectives. Participants will be polled to focus and direct the discussion as well as be offered the chance to ask questions of the panel.

Kilpatrick Townsend attorney Patrick Gaas will present "Liquidated Damages: The Evolving Landscape." Co-presenters include John Margie, Partner at Glaholt LLP, and Joshua Strub, Corporate Counsel & Director of Contracts for PNR Railworks Inc.

Description: The common law world is currently in the midst of an evolution in the treatment of liquidated damages. After 100 years, the United Kingdom Supreme Court has reformulated the test for determining when liquidated damages provisions will be determined to be unenforceable. Similarly, the Australian courts in 2012 reformulated their approach, which formulation the UK Supreme Court rejected. Both the UK approach and the Australian approach differ from the current regimes in the United States and Canada. This session will discuss the current treatment of liquidated damages in the United States and Canada and outline strategies for drafting robust liquidated damages provisions and disputes relating to the enforceability of liquidated damages provisions. The panel will also discuss the new approach taken by the UK and Australian courts, their application, and the possible impacts of the UK and Australian reformulations on the treatment of liquidated damages provisions in American and Canadian law.