Construction Are A/E Firms Ready to Sign & Seal 3D Deliverables? Shawn Rodda Know the risks of transferring final work product in the form of a 3D model, as well as contractual and other risk mitigation measures your clients can take to protect themselves.
Construction But It’s Design-Build: Analyzing and Overcoming This Conclusory Defense Sean Dowsing A helpful overview on the risk allocation between owners and design-builders when there are changed or commercially impracticable conditions.
Construction Overlook Consolidation and Joinder Under the AAA Construction Rules at Your Peril! Rae D. Mueller Why consolidation and joinder should be addressed in your arbitration agreement to avoid expense and delay.
Construction Help Me Help You: Four Insider Tips to Make Your Expert More Efficient Tony Doganiero and Jonathan Haag Help me help you: No cost tips for increasing your testifying expert’s efficiency from a construction lawyer-turned-consultant.
Construction The “Professional Services” Exclusion in a Design Professional’s Commercial General Liability Policy: Considerations for Contract Negotiations and Coverage Disputes Sam Laurin A Checklist of Issues Caused by the Professional Services Exclusions in a Design Professional’s Commercial General Liability Policy.
Construction General Contractors: Know Your Subcontractors (and Sub-subcontractors) or Pay the Price Jessica A. Hill Shocking surprise for general contractors! You may be liable for unpaid wages of your subcontractors and lower tiers.
Construction Year-End NLRB Rulings Boost Employers Into 2020 Adam C. Doerr This article highlights the NLRB’s most impactful year-end decisions boosting construction employers into an inevitably eventful 2020.
Construction Covid-19 In The Construction Industry Matthew Taylor Arvin With the COVID-19 global health crisis impacting all industries including the construction industry, Under Construction Editors asked Matt Arvin (an attorney and seasoned safety manager) to provide some advice to construction companies performing services during the outbreak. Mr. Arvin summarizes OSHA’s response to COVID-19, potential impacts on a company’s Experience Modification Rating (EMR), criminal and civil liability considerations, and steps companies can undertake to combat COVID-19 on their construction projects.
Construction “What’s Past is Prologue” Ryan Bullard Harken back to a case in which neighbor sued neighbor and international reporters fanned the flames of public outrage in a sleepy historic neighborhood in Raleigh, North Carolina. An ironic battle of Shakespearean proportions between the past and the present, the Cherry-Gordon House fiasco shows how far some architectural laymen are willing to go to enforce their idea of appropriate design, and how dangerous that can be.
Construction FCL Chair, Kristine Kubes “practices from the human side” Catherine Bragg This article is the first in a series featuring members of the Forum on Construction Law (FCL). When the concept of this series was forming, certain obvious questions came to mind to ask any successful construction attorney, such as: What values form the foundation of your practice? And what lessons did you learn along the way that you would share with attorneys who are new to the construction industry? The attorneys featured in this series have devoted a significant amount of time to the FCL and have made a strong commitment to helping other construction attorneys.
Construction Taking the First Steps to Forum Involvement Arlan D. Lewis The question I get most often from relatively new Forum members is: “How do I get more involved?” We have taken a number of steps to make new members feel welcome and get off to a good start.
Construction 21+ Years of Under Construction – Wow! Tom Dunn With this edition, we will have finished our 21st volume of Under Construction!
Construction Preparing Witnesses for International Arbitration: Ethical Considerations and Dilemmas Tyler Scarbrough and Chris Henry International arbitration means international ethical conflicts for the preparation of witnesses. What is the conflict and how do you manage it?
Construction What Do Hackers Want From Construction Companies? More Than You Can Imagine Richard R. Volack The construction industry is vulnerable to hackers. Learn how to protect your data.
Construction Target Price Contracts: Drafting and Enforcing These Risk Allocation Provisions Michael Davis and Buck Beltzer, P.E. Target price contracts have emerged in the construction industry as a way to incentivize efficiency and costs-effectiveness and disincentivize the opposite, but they must be carefully drafted or else they run the risk of being declared unenforceable.
Global Initiatives Why Do Construction Mediations Fail? Avoid These Top Ten Mistakes! Patrick R. Kingsley Chair of Stradley Ronon’s Construction and ADR Practice Groups, Patrick R. Kingsley, reviews the ‘Top Ten’ common mistakes in construction mediations, and how they can be avoided.
Construction Financial Challenges Facing Contractors Today Douglass F. Wynne, Jr. and Mary Jeanne Anderson This article provides an analysis of the various financial risks impacting contractors in today’s economic climate as well as strategies for overcoming these challenges.
Construction Rationality is a Project Under Construction Galina Davidoff, Ph.D. The curse of knowledge and other implicit biases that affect litigation strategies.
Construction An Expert Witness Perspective on the Sedona Principles Concerning Electronic Discovery J. Kimon Yiasemides The Marshall of E-Discovery (aka the Sedona Conference) is back in town! See how the 2019 Third Edition of the Sedona Principles on Electronic Discovery has evolved as Kimon Yiasemides takes a deeper dive into those Principles that relate most directly to the work of expert witnesses.
Construction Division Corner Under Construction Editors Under Construction wanted to provide an update on what the Forum’s Divisions are up to, as getting involved in a Division is the best way to maximize your membership in the Forum.
Construction Forum’s Annual Meeting is Postponed Kristine A. Kubes Visit the Forum’s website (www.ambar.org/constructionlaw) for updated information.
Construction The Success of the Midwinter 2020 Meeting! Midwinter 2020 Planning Team Thank you to everyone who attended the Midwinter Meeting, “2020: A Focused Look at Risk Management in the New Decade,” held in Tucson, AZ, at the beautiful El Conquistador Tucson Hilton Resort.
