Also In This Issue

2012 Annual Meeting in Las Vegas

“VIVA LAS VEGAS” which is Latin for “Come to the 2012 Annual Meeting on April 26-28, 2012 for Advanced Project Delivery: Improving the Odds of Success.” Come join the Forum at the beautiful Bellagio Hotel on the strip in Las Vegas, Nevada.

Message from the Chair-Elect: Reinforcing the Foundation, Envisioning the Future

Those lucky enough to be chosen Chair-Elect of the Forum share a strong desire to leave it a better place than we found it, once our tour of duty is complete. Over the years, the leadership initiatives of generations of Chairs have collectively been a major contributor to the Forum’s tremendous growth and success. While some Chairs have used this opportunity to advance a longstanding specific interest, others have been forced by circumstances to focus on responding to the needs of the organization at the moment.

Insurance Update: “Boilerplate,” Subrogation Waivers and Choice of Law

This article examines the perils and pleasures of “boilerplate”, discusses some recent subrogation developments, and conclude with an update on choice of law in construction insurance disputes.

Spotlight: The Diversity Committee

The ABA Forum on the Construction Industry is pleased to announce the 2012 Women and Minority Fellows.

Spotlight: Division on International Law/Eight — Contracting in the People’s Republic of China

It is generally advisable when contracting for construction projects in the People’s Republic of China (PRC) to avoid, when possible, the substantive laws and judicial proceedings or arbitrations under the laws of the PRC. It is possible, with a little effort, to successfully negotiate provisions that approximate the protections provided under Western laws.

Spotlight: Division On Labor Law/Six — Ready-Mix Delivery Companies and Their Drivers Are Not Engaged in the Building and Construction Industry under the Labor Law

Ready-Mix concrete suppliers and their drivers are an integral part of the construction industry, but the National Labor Relations Board draws a distinction between employers who supply materials to the construction industry and employers who operate within the construction industry itself. This distinction is important for determining whether an employer may, under the National Labor Relations Act, enter into what is called an 8(f) collective bargaining relationship with a union.

Save the Dates

The Forum is planning some excellent presentations for its national programs in 2012-13.

Message From the Editor: The Editor's Hardest Task

What’s a newsletter’s editor’s hardest task? This month, it’s deciding which article to feature on the front page of Under Construction.