Representing the Project Owner: A Construction Lawyer's Guide

by Anatoly M. Darov (Editor), Kristen Sherwin (Editor), Sanjay Kurian (Editor)

Overview

In the field of construction law, understanding the unique issues, considerations, and complexities of the Owner's role in the construction process can be daunting for practitioners new to this area of practice. Representing the Project Owner: A Construction Lawyer's Guide is a foundational guide - written by seasoned construction attorneys and consultants - to serve a starting point for further exploration and study of the topics covered from the Owner's perspective.

The book covers important stages of the project life cycle - from initial formation of the Owner's team through dispute resolution - all approached from the perspective of the project owner with the intention of assisting Owner's counsel to identify issues, appropriately and constructively approach risk allocation, and effectively bridge legal issues with other project participants. The book is filled with insights and strategies that newcomers to the field, as well as seasoned Owner's counsel will find useful. Topics covered in the book include:

• Assembling and contracting with the Owner's project team
• Evaluating alternative contract structures
• Selecting and negotiating the right contract form
• Insurance coverages issues from the Owner's perspective
• Construction project funding and financing
• Overview of project cost, scheduling, and other project controls topics
• Strategies to bridge the gap on common legal issues between the owner, designer, and contractor
• Managing and responding to construction defects, and more

The legal principles and practical advice covered by the authors on these and other topics will benefit anyone involved representing the Owner.

Product Details

ISBN-13:	9781639055722
Publisher:	American Bar Association
Publication date:	09/30/2025
Sold by:	Barnes & Noble
Format:	eBook

About the Author

Anatoly Darov is the founding member of Darov & Associates US PLLC in Burlington, Massachusetts. He represents public and private sector clients in the areas of design and construction with a primary focus on representing owners and developers of all types of buildings and infrastructure. Anatoly’s experience covers a broad range of industries, including academic facilities, public buildings and public works, power plants and energy infrastructure, healthcare facilities, research laboratories, and cultural and civic institutions. Anatoly’s practice includes representation of public agencies and authorities, cities and towns, colleges and universities, corporations, private equity firms, charter schools, and commercial real estate developers. Anatoly has been am member of the Forum since 2003 and has been an active member of the Owners and Project Finance Committee, serving as chair from 2022 to 2024. He has also served on the SPEC Committee, Marketing Committee, and the Governing Committee’s ad hoc committee on strategic planning. Anatoly is admitted to practice law in Massachusetts, New York, and the U.S. District Court for the District of Massachusetts. He is ranked by Chambers USA® for Construction Law and listed as a Massachusetts SuperLawyer®. Anatoly is also a registered professional civil engineer in the commonwealth of Massachusetts and worked as transportation engineer on a variety of major infrastructure and land development projects earlier in his career. Anatoly received his JD from the New England School of Law in 2000 and his MS and BS in civil and environmental engineering from the University of Massachusetts at Amherst in 1996 and 1994, respectively.

Kristen Sherwin is a shareholder in the construction practice group of Winstead PC, based in Dallas, Texas. Kristen provides advice and counsel to owner and developer clients with respect to construction, design, and professional services contracts; contract administration; lien and bond claims; and project closeout. She also represents plaintiffs and defendants in a variety of complex construction disputes. Kristen is a frequent lecturer on construction law issues impacting owners and developers. She is board certified in construction law by the Texas Board of Legal Specialization. Kristen currently serves on the Governing Committee of the ABA Forum on Construction Law and is the chair of the Division Chairs Committee. From 2019 to 2022 Kristen served as chair of Division 12—Owners and Project Finance. Kristen graduated from Indiana University with a BA in telecommunications and a minor in marketing. She holds a JD degree from Baylor University School of Law (cum laude).
Sanjay Kurian is the office managing shareholder of the Ft. Myers office of Becker & Poliakoff. He is co-vice chair of his firm’s Construction Law and Litigation practice group. He is board certified in construction law, AV Rated Preeminent by Martindale-Hubbell, and rated by Chambers and Partners. Sanjay has substantial experience representing community associations, owners, and developers in a variety of construction and insurance issues. Sanjay has extensive experience in drafting and negotiating all types of design, construction, and service contracts for owners and developers using various contract forms. Sanjay has also litigated numerous construction defect claims, construction lien claims, construction delay claims, as well as first party insurance claims. Sanjay speaks and presents frequently on construction and insurance matters with an added interest in technology and the practice of law. He has spoken at national meetings of the ABA Forum on Construction on “Technology in the Small Construction Case” and “The Lawyer’s Duty of Technological Competence.” He has lectured on AIA Owner-Contractor Contract Documents for the Florida Bar Construction Law Review Course from 2013 to present. He has also presented webinars on hurricane preparedness and post-hurricane disaster recovery. Additional topics Mr. Kurian has spoken on include construction defects, insurance claims, mold issues, indemnification obligations, liquidated damages, consequential damages, statutory warranties and common law implied warranties. Sanjay is a leader in the ABA Forum on Construction Law, serving on the Division 12 (Owner’s and Project Finance) steering committee, among other leadership roles. Sanjay also currently serves as chair of the Florida Bar Association’s Construction Law Committee. Sanjay graduated from the University of South Florida with a BA in mathematics and holds a JD from Boston University.