Spring 2017

Featured Articles

Construction

Toil or Trouble: “Labor” Under the Federal Miller Act

Karlee Starr Blank

Federal courts are adopting an increasingly narrow definition of “labor” under the Miller Act, suggesting that a claimant can only recover on a payment bond to the extent that it performed on-site manual labor.

Construction

On Corporate Counsel’s Desk: A Primer for Outside Counsel Working with In-House Government Attorneys

Kristen M. Rectenwald

Outside counsel, as well as the in-house government attorneys they represent, will both benefit from this primer for outside counsel working with in-house government attorneys.

Additional Articles

Construction

Contractors Beware: Complete Work Directed by CORs at Your Own Risk

Alexandra E. Busch

The unique rule in federal procurement law that contractors shall follow directives of individuals who possess actual authority – express or implied, and a recent Court of Federal Claims decision that demonstrates this principle.

Construction

ConsensusDocs Updates its Standard Contracts to Reflect Today’s Construction Industry

Brian Perlberg

Leverage New Standard Contracts and General Terms and Conditions From ConsensusDocs.

Construction

Industry Standard for Schedule Delay Analysis

Robert M. D’Onofrio

The American Society of Civil Engineers in accordance with the American National Standards Institute have a consensus industry standard for schedule delay analysis coming out in 2017.

Construction

Early Dispute Resolution for Performance Bond Claims

Robert J. Dietz and Ian H. Frank

Early dispute resolution options are now available for obligees who want faster decisions on their performance bond claims.

Construction

Construction Industry Poised to Benefit from Newly Released Federal Government Regulations of Commercial Use of Unmanned Aerial Vehicles

Chadd L. Reynolds

Summary of the recently enacted drone regulations.

Construction

Total Costs Claims: How the Least Preferred Became Preferred

Brendan Carter

The total cost method damage analysis is known as the “least preferred” method of recover, but what are the conditions surrounding a court accepting its use.

Construction

Construction Lawyers: Be Aware: The “Duty to Cooperate” May Apply to an Insured’s Affirmative Claims

Sam Laurin

This article examines the potential adverse impact on construction participants of a recent Southern District of Texas case which held that under certain circumstances an insured can violate the duty to cooperate in a policy by failing to dismiss an affirmative claim.

Construction

Five Things Attorneys Should Know About Float

Lee Schumacher

Determining the time impact of a delay event is not as simple as looking at a COM schedule to see if that event affected the critical path, or is longer than the amount of float available to it. The following are five things attorneys should know about float before using it to measure and argue the time impact of delay event.

Newsworthy

Construction

Message from the Chair Elect: “Making The Business Case For The Forum”

Wendy K. Venoit

I am often asked by those unfamiliar with the Forum, “Why should I become a member of the Forum?” and “Why should I send my associates, and even partners, to Forum events?”

Division Updates

Construction

Division 1 (Litigation & Dispute Resolution)

Anthony D. Lehman

The Dispute Resolver blog, Practicums, and free CLEs

Construction

Division 3 (Design)

Mark Mercante

Hot topic conference calls and 50 State Survey

Construction

Division 5 (General Contractors)

John Marshall Cook

Hot topic conference calls, Newsletter, and Help Desk

Construction

Division 8 (International Construction)

James Butler

Educational topic conference calls and collaboration with international trade groups and associations

Construction

Young Lawyers Division

Nicholas D. Siegfried

Great Division for new attorneys (five years or less in practice of construction law) or attorneys 35 years old or younger.

Under Construction - Spring 2017

An Investigation in Sheep’s Clothing: Multilateral Development Bank “Audits”

Featured Articles

Toil or Trouble: “Labor” Under the Federal Miller Act

On Corporate Counsel’s Desk: A Primer for Outside Counsel Working with In-House Government Attorneys

Additional Articles

Contractors Beware: Complete Work Directed by CORs at Your Own Risk

ConsensusDocs Updates its Standard Contracts to Reflect Today’s Construction Industry

Industry Standard for Schedule Delay Analysis

Early Dispute Resolution for Performance Bond Claims

Construction Industry Poised to Benefit from Newly Released Federal Government Regulations of Commercial Use of Unmanned Aerial Vehicles

Total Costs Claims: How the Least Preferred Became Preferred

Construction Lawyers: Be Aware: The “Duty to Cooperate” May Apply to an Insured’s Affirmative Claims

Five Things Attorneys Should Know About Float

Newsworthy

Message from the Chair Elect: “Making The Business Case For The Forum”

Division Updates

Division 1 (Litigation & Dispute Resolution)

Division 3 (Design)

Division 5 (General Contractors)

Division 8 (International Construction)

Young Lawyers Division

American Bar Association TM American Bar Association

Under Construction - Spring 2017

An Investigation in Sheep’s Clothing: Multilateral Development Bank “Audits”

Featured Articles

Toil or Trouble: “Labor” Under the Federal Miller Act

On Corporate Counsel’s Desk: A Primer for Outside Counsel Working with In-House Government Attorneys

Additional Articles

Contractors Beware: Complete Work Directed by CORs at Your Own Risk

ConsensusDocs Updates its Standard Contracts to Reflect Today’s Construction Industry

Industry Standard for Schedule Delay Analysis

Early Dispute Resolution for Performance Bond Claims

Construction Industry Poised to Benefit from Newly Released Federal Government Regulations of Commercial Use of Unmanned Aerial Vehicles

Total Costs Claims: How the Least Preferred Became Preferred

Construction Lawyers: Be Aware: The “Duty to Cooperate” May Apply to an Insured’s Affirmative Claims

Five Things Attorneys Should Know About Float

Newsworthy

Message from the Chair Elect: “Making The Business Case For The Forum”

Division Updates

Division 1 (Litigation & Dispute Resolution)

Division 3 (Design)

Division 5 (General Contractors)

Division 8 (International Construction)

Young Lawyers Division