This issue of The Construction Lawyer looks toward the future of construction law. The first article, “The Revolution and Evolution of Discovery Disputes in the Digital Era,” takes on a topic that I find to be overwhelming: electronic discovery. Most of our clients electronically store a significant amount of data in connection with any given construction project on which they are participants. In the event a dispute arises and litigation or arbitration commences in connection with a project, electronic discovery typically is a key issue from the get-go, and it can result in the expenditure of a lot of time, effort, and money. Perhaps because of that, as the scope of electronic discovery has expanded, the frequency of discovery disputes has increased. In this article, with a focus on electronic discovery, authors Andrew P. Atkins and Caragh McGovern Landry begin by reminding us of the purpose of discovery and outlining common disputes regarding the same. Following that discussion, they suggest best practices and proactive tips for reducing the likelihood of electronic discovery disputes in future matters.
July 12, 2024 Editor's Column
Editor’s Column
Lauren Catoe
In “Trends in Design Assist and Design Delegation,” Richard W. Foltz, Jr., Jennifer Flynn, Robert C. McCue, P.E., and Joy Spillis Lundeen address how the concepts of design assist and design delegation have evolved as technology and project delivery methods have expanded in the construction industry and construction projects have become more complex. They discuss the current treatment of those concepts in various jurisdictions and in industry contract forms. The authors strongly recommend expanding the general framework set forth in industry contract forms for design assist or delegated design by including cautionary caselaw examples that outline “the importance of clearly defining the roles and responsibilities of the parties in the contract.” Contracting parties must communicate their specific intent when it comes to design assist or delegated design. If they fail to do so, costly disputes or other unintended and undesirable consequences may be in their future.
The final article of this issue, “Picking Up the Pieces: A Call for Federal Structural Inspection Laws in the Aftermath of the Surfside Condominium Collapse,” was written by Spencer L. Woods and is the winning article of the ABA Forum on Construction Law’s 2023 Student Writing Competition. In his article, Spencer discusses critical events and decisions before and after the 2021 collapse of the Champlain Towers South condominium building in Surfside, Florida He includes an overview of periodic structural inspection requirements for condominium and other community housing settings in different jurisdictions, noting pros, cons, and differences among them. Spencer concludes his article by proposing federal action to help establish minimal structural inspection requirements that would apply across the United States to condominium and community housing settings, with the goal of such action to avoid future tragedies similar to the Champlain Towers South collapse. Spencer is a 2024 graduate of Hofstra University Maurice A. Deane School of Law, and he plans to continue his participation in the Forum. I am confident that he has a bright future ahead of him. Congratulations, Spencer!