Under Construction - Winter 2020

Construction

FCL – The Melting Pot of Construction Lawyers With The Recipe For Success

Wm. Cary Wright

The ABA Forum on Construction Law is a diverse melting pot and home to thousands of attorneys working in nearly every facet of Construction Law. Our members include sole practitioners and attorneys at large firms, people living in large cities and rural areas, and those practicing in the United States and abroad.

Construction

Forum Guide Program

The Forum on Construction Law offers so much to its members – opportunities to hone practice skills, take leadership roles, network with other construction lawyers, and enjoy fellowship and fun.

Global Initiatives

Pay-if-Paid vs. Pay-When-Paid Clauses

Craig L. McCloud

Pay-if-Paid (“PIP”) and Pay-when-Paid (“PWP”) clauses are contractual conditional- payment provisions primarily intended to shift risk of loss related to non-payment downward to lower-tier subcontractors.

Construction

Don’t Give Away Your Intellectual Property

Brian E. Neuffer and Mat Kresz

Division 11 (In-House Counsel) has given us something to think about when it comes to protecting our clients’ and consultants’ intellectual property and negotiating service contracts.

Construction

Question: A Single Arbitrator or Three-Arbitrator Panel? Answer: A Two-Arbitrator Panel

Adrian L. Bastianelli, III

The article provides an analysis of why and when to use a single arbitrator or a three-arbitrator panel and suggests a unique compromise, a two-arbitrator panel, that provides some of the benefits of both systems.

Construction

Entering a New Era – Taking and Defending Remote Depositions

Mary A. Salamone and Michelle Wells

In these unprecedented times, everything a litigator needs to know to successfully take and defend remote depositions.

Construction

Using Zoom for Pre-Mediation Activities to Achieve Earlier Settlements

Paul M. Lurie and Robyn L. Miller

When used for mediation, Zoom has been shown to be a good tool for early hire of mediators who can engage in pre-mediation activities before starting settlement negotiations.

Construction

Certificates of Merit: Practical Guidance to Avoid Procedural Pitfalls

James Moye and Paul Bennett

Certificates of merit are intended to prevent frivolous lawsuits against designers but can be a booby-trap for the unwary; this article provides construction litigators with practical guidance to help avoid common procedural pitfalls.

Construction

Arbitration Without Argument

Megan George

Arbitration without Argument provides tips for successful implementation of an interesting alternative to the traditional arbitration hearing process that may provide your client with a speedy, cost-effective means to resolve project disputes: arbitration on briefs alone.

Construction

Four Tips for Remote Construction Arbitrations: Distance Does Not Have to Mean Poor Communication

Brenda K. Radmacher

Can you really arbitrate a construction case effectively remotely? This article provides four tips to be successful in the age of Zoom Arbitrations.

Construction

A Construction Lawyer’s Guide to Navigating Drone Law Amid the Rise of Drone Use During the COVID 19 Pandemic

Cristina Sacco

The COVID 19 pandemic has brought about an increase in drone use in construction; this use will certainly extend past the pandemic as a result, construction lawyers should gain an understanding of the federal and state regulations controlling drone activity as well as the full scope of liabilities attached to drone use.

Construction

Design Assist vs. Delegated Design Industry Trade Associations Release Guidance

Mike Koger

This article discusses a new paper, published jointly by the American Institute of Steel Construction and the American Institute of Architects, about delegated design and design assist.

Construction

Is “Unfettered Access” to a Project Site an Implicit Right of the Contractor in Every Construction Contract?

Olivia Polston

The implicit right to be aware of in every construction contract - the contractor’s right to complete and unfettered physical access to the project site from the date of commencement.

Construction

The Dual Gate System in Construction Labor Relations: Primary, Neutral, and Contamination

Brendan Carter

The Forum’s Division 6 (Workforce Management & Human Resources) provides regular contributions to Under Construction in its Workplace Chatter column. In this edition, we publish Brendan Carter’s article concerning dual gate processes used in connection with labor relations. Thanks Division 6!