Construction Are CMs Now "At Risk"? Michael Lane Courts generally don't recognize professional negligence claims against CMs, but a new decision bucks the trend. Is it an outlier or do CMs have reason for concern?
Construction Clawback Agreements - Friend or Foe? Katharine E. Kohm Think Your Discovery Clawback Agreement Will Protect Your Client's Privileges? Think Again.
Construction When Less is More: The Dangers of Multiple Inconsistent Arbitration Agreements Adam Stone and Kaytie Pickett Does your flow down clause put your arbitration agreement at risk?
Construction Third-Party Document Discovery in Arbitration? Do Not Count On It. Heather L. Heindel Involved in arbitration? Will your access to third-party discovery be limited? A majority of Federal Circuits now say yes. Practical considerations for the construction law practitioner involved in arbitrable disputes where access to third-party discovery is becoming increasingly challenging.
Construction Indemnity Agreements as "Other Insurance" — The Consequences of Unallocated Settlement Proceeds Lawrence O. Held Contractors must beware of how failing to properly allocate subcontractor claim settlements can impact insurance coverage and leave the contractor holding the bag.
Construction The Argument for Both a Second Opinion of Expert Witness Reports and Brevity David A. Scotti, Esq. Value of getting a second expert's opinion of your expert's report and to need for brevity.
Construction How to Structure a Persuasive Prehearing Brief in Construction Arbitration Kate Krause Key steps to take at each stage of an arbitration proceeding, including some unique to the construction arena, to make your case more persuasive and increase your client's chances of success.
Construction When (and How) Should a Mediator Evaluate the Case? D. Scott Gurney Learn key tips on how to choose the right mediator to help resolve tough construction disputes.
Construction Federal Contract Modifications: Getting Your Client out of the Cost Analysis Weeds Sean Dowsing When you're stuck in a painful line-by-line change order negotiation, use the Federal Acquisition Regulations to get you and your client out of the weeds and into discussing global costs.
Construction Construction 101: The Basics of Change Orders Luke J. Farley, Sr. The new practitioner's guide to one of the most litigated areas in the construction industry-change orders.
Construction Observing, Listening, Learning, Leading Kristine A. Kubes This organization is “the place” to be as a construction lawyer – as the Forum offers the best continuing legal education, thought leadership, and network of construction lawyers.
Construction Mike Tarullo: A Forum Cornerstone Robbie MacPherson Mike Tarullo was given the Cornerstone Award in April 2018.
Construction Getting to Know the Forum: Fall Meeting Recap through the Eyes of Young Lawyers Aaron R. Klein Recap of Montreal Meeting