Under Construction - Summer 2020

Construction

Our New Normal: Dealing with COVID-19 Concerns in the Workplace

Jessica A. Hill, Danny W. Jarrett and Andrea G. Woods

Survey of the stimulus legislation and common issues confronting employers arising from the COVID-19 pandemic.

Construction

Terminations and Retaliation in a Time of COVID-19

Erin Ebeler Rolf and Laura J. DePetro

An insightful, pragmatic guidance for employers in considering layoffs and terminations at this time. The article builds off three common fact patterns involving employee terminations.

Construction

Employers Beware: Ordinance Prohibiting Inquiry or Reliance on Applicant’s Wage History Survives Appeal

Elizabeth Kraengel

This article explores the landscape of laws that prohibit employers from asking about or relying on an applicant’s wage history and the U.S. Court of Appeals for the Third Circuit’s recent decision upholding the validity of such an ordinance adopted by the City of Philadelphia.

Global Initiatives

COVID-19 as a Force Majeure. But What Is Force Majeure? My Contract Doesn’t Even Use that Term!

Bryan E. Rogers

While force majeure was all the rage on list serves this spring, this article provides practical guidance regarding the history and application of the force majeure.

Construction

Impossibility, Impracticability and Frustration of Purpose in the Age of COVID-19

Kelly J. Bundy

Impossibility, Impracticability, and Frustration of Purpose in the Age of COVID-19 offers an overview of doctrines that may excuse a delay or a party’s non-performance in the absence of a contractual force majeure provision, and it provides pointers for parties who may ultimately need to rely upon or prove these defenses.

Construction

Application of the Cardinal-Change Doctrines

Alex Costa

An overview of the Cardinal Change / Abandonment doctrines – unique doctrines to construction law.

Construction

Member Feature: Jeff Cruz, an in-house attorney with a passion for the construction industry

Catherine Bragg

In this issue, we are showcasing Jeff Cruz, Regional Corporate Counsel and Business Unit Ethics & Compliance Officer of Skanska USA Building Inc., as part of the series featuring members of the Forum on Construction Law (FCL).

Construction

Oh, the Places We’ll Go!

Arlan D. Lewis

COVID-19 has had an unprecedented global impact on individuals, governments, economies, companies, law firms, the construction industry, and the Forum. We’ve had to cancel events, reschedule routines, and reconfigure our lives. Considering that most of us haven’t “gone” anywhere in the past several months due to the COVID-19 pandemic, perhaps a nod to Dr. Seuss provides a ray of hope as we look forward to exercising our freedom to “go” and to “gather” again soon.

Construction

Virtual Arbitration – A Passing Fancy or a Temporary Stopgap?

John E. Bulman and Michael A. Marra

If done securely and efficiently, virtual arbitrations bring opportunities, economies and a chance to teach old dogs new tricks.

Construction

COVID-19’s Impact on Construction: Treatment of Force Majeure Under Standard Form Contracts

Chris Cazenave, Bill Shaughnessy and William Underwood

COVID-19 and force majeure: This article examines avenues for relief under form contract documents, including AIA, ConsesusDocs, DBIA, and EJCDC, and best practices for responding to the pandemic on your project.

Construction

Building A Successful Virtual Mediation

Hon. Nancy Holtz (Ret.)

Successful virtual mediations don’t just happen. Build out your toolkit for lawyering in the online space!

Construction

Avoiding (or Minimizing) Construction Disputes Related to COVID-19

Kenneth B. Dantinne

Communication upstream and downstream is the key to avoiding disputes resulting from COVID-19.

Construction

AIA A201-2017 Revisions for Owners’ Contracts Post-COVID-19

Rhian Cull and Lexie Pereira

Changes prudent owners should make going forward to the AIA A201-2017 general conditions to protect themselves, as best they can in this new world, from the realities of construction projects post-COVID-19.

Construction

Post-COVID-19 General Conditions Revisions for Contractors

Tony Starr and Lexie Pereira

Five helpful AIA A201-2017 general conditions revisions contractors can implement to reflect the realities of new construction projects post-COVID-19.

Construction

My Project Has Been Impacted by Covid-19: What are my rights for time extension, termination, and damages?

Samuel D. Gregory

This article addresses various parties’ right to suspend or terminate work, time extensions, and additional compensation if a project is impacted by COVID-19.

Construction

Prime Contractor's Ebola Delay Damages Claim Provides A Cautionary Tale of COVID-19 Claims

Shiva S. Hamidinia

The past helps us predict the future. Read this article featuring two recent Civilian Board of Contract Appeals to forecast how the boards may receive contractor claims for inefficiencies, delays, and increased costs of operating during the COVID-19 pandemic environment.

Construction

Sanctions for Lost or Destroyed ESI: FRCP 37(e)’s Application Amid the Advancement of Technology

Michael D. Lane and Michael Levatino

A case study on how federal courts can use their inherent authority to sanction a litigant who unsuccessfully attempts to alter or destroy ESI.

Construction

Leveraging GIS-Based Technology for Adjacent Construction Claims

Antonios Vytiniotis, Simeon D. Brier and Matthew B. Criscuolo

Adjacent construction claims are teeming with complex, data-driven issues where GIS technology can be leveraged to provide more cost-effective and efficient investigation, management and resolution of such claims.

Construction

Mitigation Obligation to Reduce COVID-19 Damages in Construction

Kevin Lai and Lanita McCauley Bates

Strategies to Mitigate COVID-19 Impacts in Construction.

Construction

What the United States-Mexico-Canada Agreement Means for International Construction Disputes

R. Zachary Torres-Fowler and Cindy Lee

The USMCA made consequential changes the former dispute resolution framework under NAFTA were and this article introduces those revisions to explain how the USMCA may affect international construction disputes going forward.

Construction

COVID-19 As Government Action Under AIA Contracts

Nelson A. F. Mixon

The government’s response to COVID-19 can create claims for extra time, money, or termination of AIA contracts.

Construction

So You Are Entitled To Relief For COVID-19, How Do You Prove How Much?

Jesus Schuldes and Kate Hull

COVID-19 will likely have significant effects on construction due to mandatory work stoppages, material delivery limitations, labor shortages and reduced inspector availability, which will ultimately result in delays. After determining that you are entitled to relief for delay damages resulting from COVID-19, how do you prove how much?

Construction

Congrats to the 2020 ABA Forum on Construction Law Diversity Fellows

Congratulations FCL 2020 Diversity Fellows!

Construction

Meet Your New ABA Forum on Construction Law Leaders!

Christopher M. Wise

Introducing the FCL’s New Leadership.