Under Construction - Spring 2019

Construction

Resolving Construction Disputes through Baseball Arbitration

Lochlin B. Samples

Experience indicates the construction industry would benefit from the adaptation of "baseball arbitration" for the resolution of some construction disputes.

Construction

Member Spotlight: Ava J. Abramowitz

Jean M. Terry

Ava began her legal career as an Assistant United States Attorney. Her foray into construction law came when she served as in-house counsel to the American Institute of Architects during the insurance conflict of the 1980s.

Construction

The Self-Critical Analysis Privilege: Under Construction or Built on Shaky Ground?

Kelly J. Bundy

Recent case law exploring the self-critical analysis privilege raises questions concerning the privilege’s future and potential application in construction cases.

Construction

The Tender Letter – How to Make Sure that You Properly Trigger Coverage

Alex Chazen, Esq.

Learn how to draft the most important, although often overlooked, task of the construction lawyer: the tender letter.

Construction

Global Construction Disputes – Basics on U.S. Domestic Versus International Arbitration

Daniel B. Swaja

This article addresses the globalization of construction disputes and some unique distinctions between domestic and international arbitration.

Construction

Preparing for Disaster: The Importance of a Business Continuity Plan

Jennifer M. Kanady

Be a business survivor – a checklist to start a business continuity plan.

Construction

A Concrete Law: The Implications of the New OSHA Silica Standards in the Construction Field

Matthew Arvin

Throw away your dusty silica regulations and learn how to keep your clients safe and OSHA compliant regarding the new silica standards that came out last year.

Construction

Some In-House Views on Mediation Involving Professional Engineering Firms

Beverly M. Tompkins

Mediation can have different meanings for in-house lawyers. Read how to prepare for mediation and some important things to consider throughout the mediation process.

Construction

Message from the Chair-Elect: Three Invitations for the New Year

Kristine A. Kubes

Tempus fugit! Time flies – how true, as we welcome 2019. I offer you three invitations as you reflect on how to invest your time in the new year.

Construction

Message from the Editor: Law Students and YLD’ers – We Want to Hear from YOU!

Tom Dunn

This is our second edition publishing Construction Law 101 articles.

Construction

Streamlining Federal Environmental Review and Permitting of Infrastructure Projects: 2018 Year in Review

Kevin J. Ashe and Norman F. Carlin

In 2018, federal agencies took a number of steps to streamline environmental review and approvals for major infrastructure projects. In this article, Kevin Ashe and Norman Carlin of Pillsbury Winthrop Shaw Pittman discuss developments of interest to the construction industry, and their potential impact on future projects.

Diversity & Inclusion

The Evolution of Model Rule 8.4 (g): Working to Eliminate Bias, Discrimination, and Harassment in the Practice of Law

Kristine A. Kubes, Cara D. Davis, and Mary E. Schwind

Recent amendment to Model Rule 8.4(g) encourages elimination of bias and harassment by lawyers, codifies rules already on the books in numerous states nationwide.

Construction

Dueling Delays: How to Combat Concurrency Claims

William Haydt

With concurrent delay arguments often being a bar to recovery of compensation for project delays, the question that must be answered is: how can you combat a concurrency claim?

Construction

Observations from Teaching Global Construction Law and Practice

Carl J. Circo

A summer spent teaching Global Construction Law to U.S. law students at Cambridge University, leaves an American law professor wondering why four features common to international construction contracts rarely make it into domestic practice.

Construction

Lawyers’ Usefulness in Construction — Template Manacles

Charles W. Cobb

The author believes old contract and insurance forms and modern construction practices are mismatched. Updating the forms can enable evolution of the ways to perform construction work.

Construction

The Effect Of Submittals On Allocating Risk And Responsibility

Patrick R. Kingsley

Based on the near universal use of submittals on construction projects, it can fairly be concluded that the submittal process usually works well and achieves its intended purpose, but when the submittal process goes awry, there may not be clear law about how to allocate responsibility.

Construction

Calling a Cease Fire in the “Battle of the Experts” Collaborative Use Of Experts in Construction Disputes

Chris Kane

Experience suggests that a more collaborative approach in the use of technical experts, rather than the traditional reliance on “dueling” experts, can reduce the transaction time and costs of resolving technical disputes.

Construction

Hurry Up and Wait: Dealing with Delays When the Project Still Finishes Early

Kenneth E. Rubinstein and Nathan Fennessy

While most delay claims involve situations where a delay pushes the project beyond the schedule, contractors can still recover for delays occurring where the contractor finishes early in certain circumstances.

Construction

Third Party Inspections Are "Everywhere"

Patrick G. Granson and Paul E. Davis, Esq.

Third Party Building Inspection is becoming more of the norm for states and jurisdictions to consider.

Construction

How Low Does It Flow? Can a General Contractor Rely upon an "Incorporation By Reference" Clause in a Subcontract to "Flow Down" Important Obligations from an Owner Agreement?

Richard S. Robinson

Flow down in subcontracts or swim upstream in court?

Construction

Join Us for the ABA Forum on Construction Law 2019 Annual Meeting

April 24-27, 2019; The Diplomat Beach Resort in Hollywood, Florida

Construction

How to Escape the Polar Vortex and Enjoy Miserabilism – A Recap of the Midwinter Meeting

Tom Richardson

How to escape the Polar Vortex and enjoy miserabilism – a recap of the Midwinter Meeting.