Kevin F. Peartree

Partner

(585) 473-3100 (Ext. 125)

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. Kevin has been recognized as a New York Super Lawyer in the area of Construction Litigation for the years 2013-2018.

Kevin has been very active in the Associated General Contractors of America (“AGC”) and previously served as outside counsel for the Contract Documents Committee. He was a principal participant in the drafting of the 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 the 2007 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. Kevin 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.

Kevin edited the ConsensusDocs Contract Documents Handbook published in 2012 by Aspen Publishing, for which he has contributed several chapters. Previously, he 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 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, the Design Build Institute of America and the Construction Specifications Institute.

Practice Areas:

Construction Law
Construction Litigation
Contract Risk Management
Surety Law
Alternative Dispute Resolution

Court Admissions:

New York
New York and U.S. District Court, Northern, Southern, Eastern and Western Districts of New York
United States Court of Appeals for the Second Circuit

Publications:

“ConsensusDocs 247: Standard Agreement Between Owner and Consultant”, Chapter 17, ConsensusDocs Contract Documents Handbook 2019 Cumulative Supplement, Co-author.
“Design-Build Contract Tools“, Design Cost Data, May-June 2018
“The Subcontract Bucket Challenge“, ROBEX Magazine, Spring 2018
“The 2017 ConsensusDocs Updates“, Chapter 16, ConsensusDocs Contract Documents Handbook 2018 Cumulative Supplement
2017 ConsensusDocs Updates – ConsensusDocs Handbook 2018 Supplement chapter
“Additional Insured Agita”, ROBEX magazine, Spring 2017
Contributor, ABA Forum on Construction Law, Construction Law Update: Case Law & Legislation Affecting the Construction Industry (2015-2016), New York State
ConsensusDocs Contract Documents Handbook, Aspen Publishers, 2012 and annual Supplements, Editor
AGC Contract Documents Handbook, Aspen Publishing, Inc. 2003-2010, and annual Supplements. Co-editor
“ConsensusDOCS 298: Joint Venture Agreement Between Constructors for a Project“, Chapter 11, ConsensusDOCS Contract Documents Handbook 2014 Cumulative Supplement
“ConsensusDOCS 300, Standard Form of Tri-Party Agreement for Collaborative Project Delivery“, Chapter 4, ConsensusDOCS Contract Documents Handbook, Aspen Publishers 2012
ConsensusDOCS 300, Standard Form of Tri-Party Agreement for Collaborative Project Delivery“, Chapter 20, Associated General Contractors Contract Documents Handbook, 2010 Cumulative Supplement, Aspen Publishers
“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
“Become the Master of Your Master Construction Subcontract Agreements”, ABA Forum on Construction Law, Webinar, September 24, 2020.

Speaking Engagements:

Presenter: “Becoming the Master of Your Contracts Using the ConsensusDocs Master Subcontract Agreement”, AGC of America 2020 National Convention, March, 2020
Presenter: “Coronavirus Impact on The Construction Industry – Construction Contracts, Insurance & Workers Compensation”, The Builders Exchange of Rochester, March, 2020
Presenter: “Construction Law Update”, The Builders Exchange of Rochester, January, 2020
Presenter: “Construction Law Update”, The Builders Exchange of Rochester, January, 2019
“Which Standard Form Design-Build Contract is Right for You and Your Project?”, Design-Build Institute of America, Liberty Region, Upstate New York Chapter, January, 2019.“2019 Construction Law Update”, Builders Exchange of Rochester, January, 2019.
2018 Construction Law Update, Builders Exchange of Rochester, NY, January 2018
“Procurement/Front-ends/Contracts”, panelist, CSI Rochester/DBIA Upstate New York Chapter, January 2018
AIA A201 – 2017, Prepare for the Risks and Challenges, Associated General Contractors of New York State Webinar, October 25, 2017
AIA A201 – 2017, Prepare for the Risks and Challenges, Associated General Contractors of New York State, September 26, 2017
M/WBE Requirements: Pitfalls & Best Practices, NECA Rochester Chapter, August 2017
Update on M/WBE Issues, SMACNA New York State Chapter, August 2017
Future Construction Leaders Program; Controlling Risk in Construction and Project Delivery Systems; Associated General Contractors of New York State, LLC, New York, May 2017
“How Different Design-Build Contracts Impact Your Bottom-line, and a Comparison of New Design-Build Agreement from ConsensusDocs”, AGC Webinar Conference, May 2017
“2017 Construction Law Update”, Builders Exchange of Rochester, January, 2017.
Which Standard Form Design-Build Contract is Right for You and Your Project“, 2016 Construction Super Conference, Las Vegas, NV, December, 2016.
Which Standard Form Design-Build Contract is Right for You and Your Project“, Design-Build Institute of America 2016 Design-Build Conference and Expo, Las Vegas, NV, November, 2016
Which Standard Form Design-Build Contract is Right for You and Your Project“, Associated General Contractors of America BuildCon 2016, Atlanta, GA, October, 2016.
Future Construction Leaders Program; Controlling Risk in Construction and Project Delivery Systems; Associated General Contractors of New York State, LLC, New York, May 18, 2016.
“ 2016 Construction Law Update,” Builders Exchange of Rochester, NY, January, 2016
Which Design-Build Contract is Right for You and Your Project“, Design-Build Institute of America Liberty Region, Tri-State Chapter, October, 2015
“Controlling Risk in Construction and Construction Project Delivery Systems”, Associated General Contractors of New York State, LLC, May, 2015, Instructor
“DBIA-AIA-ConsensusDocs-EJCDC: Which Standard Form Design-Build Contract is Right for You and Your Project?”, Pennsylvania American Water Works Association 67^th Annual Conference/DBIA Water Conference, April, 2015
“Recent Case Law and Matters of Significance”, Panel, Associated General Contractors of New York State Summer Meeting, 2014
“Contracts for Every Construction Project, Every Party and the Bottom Line“, Lorman Education Services, July, 2014
“AIA Contracts”, Lorman Education Services, April, 2014
“DBIA – AIA – ConsensusDocs: Which Standard Form Design-Build Contract is Right for You and Your Project?”, Design-Build Institute of America, Upstate New York Chapter, February, 2014.
“Unit 3 – BIM Contract Negotiation and Risk Allocation, AGC of NYS BIM Education Program, Instructor, April, 2013
“Private and Public Work” – Design/Build in New York State, Associated General Contractors of New York State, March, 2012, Panel Presenter
“Arranging the Team: Joint Ventures, Teaming Agreements and Federal Contracting”, Surety Association of Syracuse, November 2011, Panel Presenter
“Safety and New York Labor Laws“, AGC of NYS, Regional Presentation, March 2011
“AIA Contracts”, Lorman Education Services, 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
“Construction Contracts“, National Association of Surety Bond Producers, Risk Workshop, March, 2008
“The Fundamentals of Construction Contracts”, Lorman Education Services, February, 2008
“Risk Issues in ConsensusDocs and AIA A201”, Associated General Contractors of America, Surety Bonding and Risk Management meeting, February, 2008
“Contract Documents – A Collaborative Approach”, International Risk Management Institute 2007 Construction Risk Conference, October, 2007
“The Fundamentals of Construction Contracts”, Lorman Education Services, February, 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
“Design-Build in New York“, Lorman Education Services, May, 2004
“The Project Delivery Systems Dilemma” and “Defects in Performance”, NBI Advanced Construction Law in New York, July, 2003
“Managing the Risk of Construction”, Lorman Education Services, February, 2003
“The Contractual Risk Issues of Design-Build”, Design-Build Institute of America, Upstate New York Chapter, May 2002.
“Managing Risk: The AGC Contract Documents Can Help”, PACNY 6^th Annual Environmental Remediation Conference, April 2002.
“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
“Default Insurance: What Is It and What Does It Mean for Contractors, Subcontractors, Owners and Sureties”, National Bond Claims Association, October 2001, Panel Presenter
“Delay Claims”, Lorman Education Services, August 2000.
“Alternative Delivery Systems,” Associated General Contractors of Maine, 1996
“Lien Law Basics in New York,” New York Lien Law, Lorman Education Services

Professional Associations:

Member, Board of Directors, Builders Exchange of Rochester
Member, Board of Directors, Design-Build Institute of America, Liberty
Region, Upstate New York Chapter
Associated General Contractors of America, Contract Documents Forum
American Bar Association: Forum on the Construction Industry, Division 2 Contract Documents and Division 4 Project Delivery Systems

Recognitions:

Fellow, Construction Lawyers Society of America.
Martindale.com; AV Preeminent Rating
Super Lawyers; Upstate New York; Construction Litigation (2013-2018)

Community Involvement :

Member, Board of Trustees, Our Lady of Mercy School for Young Women
President, Mercy Crew, Inc. 2012-2013
Member, Board of Directors, Naiades Oncology Rowing