Kevin Peartree

Kevin F. Peartree

PARTNER

Practice Areas:

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

Education:

  • Albany Law School of Union University, J.D. 1990
  • University of Notre Dame, B.A. 1984

Kevin F. Peartree, Partner, has decades of experience representing clients in all areas related to the construction industry, contract law and suretyship, while also building and maintaining important relationships with leading industry groups.  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 for Construction Litigation for each year since 2013 and is AV Preeminent rated by Martindale.

He has been 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 of more than 20 construction industry-related associations.  Kevin was one of the primary 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. He 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 authored several chapters and edits the Handbook’s Cumulative Supplement each year.  He co-edited the book 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 presented around the country on the topics of risk management, contract documents, ConsensusDocs, the AIA contracts, project delivery systems, design-build, insurance, surety topics, and New York Lien Law.  Kevin has provided educational presentations and materials to numerous industry groups including the American Bar Association Forum on Construction Law, the International Risk Management Institute, The AGC of America, The AGC of New York State, the Design Build Institute of America, the Construction Specifications Institute, and The Builders Exchange of Rochester.

Court Admissions:

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

Publications:

  • ConsensusDocs Contract Documents Handbook, Aspen Publishing, 2012 and annual Supplements, Editor and chapter author:
    • “ConsensusDOCS 300, Standard Form of Tri-Party Agreement for Collaborative Project Delivery,” Chapter 4
    • “ConsensusDOCS 298: Joint Venture Agreement Between Constructors for a Project,” Chapter 11, 2014 Cumulative Supplement
    • “The 2017 ConsensusDocs Updates,” Chapter 16, 2018 Cumulative Supplement
    • “ConsensusDocs 247: Standard Agreement Between Owner and Consultant,” Chapter 17, 2019 Cumulative Supplement, Co-author
    • “ConsensusDocs 541: Addendum to Agreements Between Owner and Construction Manager and Between Owner and Design Professional for Design Assist Services,” Chapter 19, 2021 Cumulative Supplement
    • “ConsensusDocs 753: Standard Agreement Between Constructor and Prefabricator,” 2022 Cumulative Supplement
    • “ConsensusDocs 200.1: Amendment No. 1 – Potentially Time and Price Impacted Materials,” 2023 Cumulative Supplement
    • “ConsensusDocs 755: Standard Master Subcontract Agreement between Constructor and Subcontractor” and “ConsensusDocs 756: Standard Work Project Order (pursuant to Master Subcontract Agreement),” Chapter 22, 2024 Cumulative Supplement
  • “Design-Build Contract Tools,” Design Cost Data, May-June 2018
  • “The Subcontract Bucket Challenge,” ROBEX Magazine, Spring 2018
  • “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
  • AGC Contract Documents Handbook, Aspen Publishing, Inc. 2003-2010, and annual Supplements Co-editor and chapter author:
    • “AGC Document No. 410: Standard Form of Agreement and General Conditions Between Owner and Design-Builder,” Chapter 4, Co-author
    • “AGC Document No. 800: Standard Form of Program Management Agreement and General Conditions Between Owner and Program Manager,” Chapter 14, 2004 Supplement
    • “AGC Document No. 810: Standard Form of Agreement Between Owner and Owner’s Representative,” Chapter 15, 2005 Supplement
    • “AGC Document No. 530: Standard Form of Agreement Between Owner and Architect/Engineer (Where a Construction Manager Acting as an Agent Has Been Retained by the Owner,” Chapter 16, 2006 Supplement. Co-author
    • “AGC Document No. 299: Standard Form of Project Joint Venture Agreement Between Contractors,” Chapter 17, 2007 Supplement
    • “ConsensusDOCS: Beyond AGC Documents,” Chapter 18, 2008 Supplement
    • “ConsensusDOCS 300, Standard Form of Tri-Party Agreement for Collaborative Project Delivery,” Chapter 20, 2010 Supplement
  • “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

Speaking Engagements:

  • “The Integration of Delegated Design, Design Assist, and Design Build,” for the DBIA Liberty Region Upstate Chapter, December 2022
  • “Design Delegation,” AGC NYS Virtual Construction Industry Conference, December 2020
  • “ConsensusDocs Master Subcontract Agreement,” AGC Joint Contractors Virtual Conference, November 2020.
  • “Becoming the Master of Your Contracts Using the ConsensusDocs Master Subcontract Agreement,’ AGC of America 2020 National Convention, March 2020
  • “Coronavirus Impact on The Construction Industry – Construction Contracts, Insurance & Workers Compensation,” The Builders Exchange of Rochester, March 2020
  • Annual “Construction Law Update,” The Builders Exchange of Rochester, each January since 2016
  • “Using Master Subcontracts: Become More Efficient in Negotiating Your Subcontracts,” ConsensusDocs webinar, August 2019
  • “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, September 26, 2017 and October 25, 2017
  • “M/WBE Requirements: Pitfalls & Best Practices,” NECA Rochester Chapter, August 2017
  • “Update on M/WBE Issues,” SMACNA New York State Chapter, August 2017
  • “Controlling Risk in Construction and Project Delivery Systems,” Construction Leadership Academy (formerly Future Construction Leaders Program), Associated General Contractors of New York State, Rochester, New York, annually May 2016 – present
  • “How Different Design-Build Contracts Impact Your Bottom-line, and a Comparison of New Design-Build Agreement from ConsensusDocs,” AGC Webinar Conference, May 2017
  • “Which Standard Form Design-Build Contract is Right for You and Your Project?”
    • 2016 Construction Super Conference, Las Vegas, NV, December 2016
    • Design-Build Institute of America 2016 Design-Build Conference and Expo, Las Vegas, NV, November 2016
    • Associated General Contractors of America BuildCon 2016, Atlanta, GA, October 2016
    • Design-Build Institute of America Liberty Region, Tri-State Chapter, October 2015
  • “DBIA-AIA-ConsensusDocs-EJCDC: 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
    • Pennsylvania American Water Works Association 67th Annual Conference/DBIA Water Conference, April 2015
    • Design-Build Institute of America, Upstate New York Chapter, February 2014
  • “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
  • “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

Professional Associations:

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

Recognitions:

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

Community Involvement:

  • Our Lady of Mercy School for Young Women, Chair, Board of Trustees
  • Mercy Crew, Inc., President, 2012-2013
  • Naiades Oncology Rowing, Member, Board of Directors, Interim President 2020-2022