Fall 2017

Featured Articles

Construction

New Settlement Concept: Lower Expectations Likely to Result in “Happier” Parties

Eric Schatz

A recent study showed that most plaintiffs who declined a settlement offer and proceeded to trial ended up receiving less than the offered amount. There is great value in honestly and thoroughly assessing your client’s financial exposure.

Construction

YLD Helps Ensure Law Student Liaison’s First Forum Meeting was a Success

Andrew Murphy

My first trip as the ABA Law Student Liaison to the Forum’s Fall Meeting in Boston.

Additional Articles

Construction

Construction Design Professionals and the Economic Loss Doctrine: A Look at New York and California

Clark Thiel, Matthew Stockwell, Jessica Bogo, and Andrew Argyris

A brief review of the New York and California’s applications of the economic loss doctrine to damages resulting from services provided by design professionals on a construction project.

Construction

Michael Kamprath — Flying High in the World of Construction

Catherine Bell

Feature on Michael Kamprath, a dedicated Forum volunteer.

Construction

Handling Harvey: How Our Midsize Law Firm Prepared for the Hurricane

William B. “Ben” Westcott

Handling Hurricane Harvey: How a Midsize Law Firm in Texas Prepared and Responded to One of The Most Destructive Natural Disasters in U.S. History.

Construction

Does Your Additional Insured Endorsement Entitle You To A Defense?

Benjamin J. Morris

Changing language in ISO AI endorsements and marketplace full of manuscript endorsements, continue to leave key coverage issues open and subject to continued litigation across jurisdictions. In August 2017, the California Court of Appeal weighed in on this issue when interpreting “ongoing operations” and “your work” language in a manuscript AI endorsement. The Court affirmed a decision that “completed operations” were not clearly excluded and an award of punitive damages for bad faith denial of defense obligations was warranted.

Construction

Are Arbitration Provisions in Unsigned Contracts Enforceable in Construction Disputes?

Isabella C. Demougeot

There have been recent instances where courts have enforced arbitration clauses even when both parties have not signed the contract. In this article, you will find a summary of two cases that highlight this issue.

Law Student Competition

Construction

Quarrelling Collaborators: The Flip Side of BIM’s Interoperability

Kyle Smith

As Building Information Modeling (BIM) permeates the construction industry, construction professionals will face conflicts that the current legal framework is not equipped to resolve. This article addresses the legal issues that BIM presents and proposes solutions to unlock the interoperability that BIM promises.

Corporate Counsel's Desk

Construction

Introducing Law Students to the Inside Counsel Role

Carl J. Circo

To address the challenge of producing graduates who are more practice-ready, law schools increasingly rely on educational partnerships with lawyers who agree to supervise law student in practice settings. Experience with the Corporate Counsel Externship program at the University of Arkansas illustrates that Forum members would make excellent supervising attorneys for externship programs.

Newsworthy

Construction

Message from Chair-Elect: I am Proud to be a Member of the Forum on Construction Law

Thomas L. Rosenberg

Why? It is the preeminent organization of construction lawyers in the world. It is the place you want to be if you are a construction lawyer.

Under Construction - Fall 2017

Proliferation of Lead-Exposure Litigation Creates New Risks for Contractors

Featured Articles

New Settlement Concept: Lower Expectations Likely to Result in “Happier” Parties

YLD Helps Ensure Law Student Liaison’s First Forum Meeting was a Success

Additional Articles

Construction Design Professionals and the Economic Loss Doctrine: A Look at New York and California

Michael Kamprath — Flying High in the World of Construction

Handling Harvey: How Our Midsize Law Firm Prepared for the Hurricane

Does Your Additional Insured Endorsement Entitle You To A Defense?

Are Arbitration Provisions in Unsigned Contracts Enforceable in Construction Disputes?

Law Student Competition

Quarrelling Collaborators: The Flip Side of BIM’s Interoperability

Corporate Counsel's Desk

Introducing Law Students to the Inside Counsel Role

Newsworthy

Message from Chair-Elect: I am Proud to be a Member of the Forum on Construction Law

American Bar Association TM American Bar Association

Under Construction - Fall 2017

Proliferation of Lead-Exposure Litigation Creates New Risks for Contractors

Featured Articles

New Settlement Concept: Lower Expectations Likely to Result in “Happier” Parties

YLD Helps Ensure Law Student Liaison’s First Forum Meeting was a Success

Additional Articles

Construction Design Professionals and the Economic Loss Doctrine: A Look at New York and California

Michael Kamprath — Flying High in the World of Construction

Handling Harvey: How Our Midsize Law Firm Prepared for the Hurricane

Does Your Additional Insured Endorsement Entitle You To A Defense?

Are Arbitration Provisions in Unsigned Contracts Enforceable in Construction Disputes?

Law Student Competition

Quarrelling Collaborators: The Flip Side of BIM’s Interoperability

Corporate Counsel's Desk

Introducing Law Students to the Inside Counsel Role

Newsworthy

Message from Chair-Elect: I am Proud to be a Member of the Forum on Construction Law