Construction Patience and Adaptability: Hallmarks of The Forum 2020 Experience and Beyond Wm. Cary Wright Little did we know at the beginning of 2020 that the Forum, due to COVID-19, would be embarking on a historic year that none could have envisioned.
Construction I Learned A LOT From You! R. Thomas Dunn This is my last edition of Under Construction as its editor. I wanted to say how thankful I am of the dozens of authors and contributors, my editorial team members, and and ABA team members.
45 Year Forum Members The ABA Forum on Construction Law is celebrating its 45th Anniversary in 2021. The Forum could not have developed the reputation of building the best construction lawyers without members who have been with us since the Forum’s inception.
Asha Echeverria, A Strong Construction Lawyer Embracing New Rules of Collaboration Catherine Bragg This third article in the Member Feature series showcases Asha Echeverria, Shareholder and Construction Practice Group Chair at Bernstein Shur in Portland, Maine.
Construction Trending Group Captive Insurance Programs: What’s Attracting A/E Firms? Catherine Bragg and Beverly M. Tompkins In this article, we describe the basics of a captive, key considerations for joining a captive, and some noteworthy benefits of a captive. We also provide some first-hand feedback from a captive member firm, as well as insight from insurance experts in the A/E/C industry.
Construction A First Look at OSHA Under the Biden Administration Phillip B. Russell and Jaslyn W. Johnson As of the writing of this article (March 15, 2021), President Biden has been inaugurated, he has nominated Marty Walsh as the U.S. Secretary of Labor, installed Jim Frederick as Deputy Assistant Secretary of the OSHA.
Construction Economic Loss Doctrine Wajiha Rais and Lindy Stevens This article examines four factors for contractors and owners to consider in determining the potential application of the ELD to construction-related claims.
Construction Not Your Typical Overhead Caution Sign Kevin Lugo and Scott Gailbraith Owners and contractors should also be cautious of another potential overhead issue: overhead costs included in requests for additional compensation for extra work or time, or both, on a construction project.
Construction Liquidating Agreements: Bridging a Contractual Gap Peter K. Doely When something goes wrong on a construction project, the parties must determine not only who should answer for it, but they must address the Gordian knot of how to make them do so.
Construction Document Requests to Help You and Your Experts in Schedule Delay and Damages Disputes Matthew Gasbarro Although the rules regarding discovery vary between hearing venues, key documents and documents relied upon by the parties and their experts are almost always requested and exchanged.
Construction The Lost Art of Vouching-In Mike Hornreich It is all about leverage. Especially in dispute resolution. This article seeks to remind practitioners to consider employing the good old vouching-in process to motivate others to work a deal, or pay dearly.
Construction Avoiding Construction Disputes: The Two Golden Rules of Leadership Chase Callaway Construction disputes are complex by nature as evidenced by the myriad of both specialized attorneys and expert consultants employed to help resolve these disagreements.
Construction But It Wasn’t Our Fault: Addressing Government-Caused Late Bids Sean Dowsing What to do when your client submits their federal contract bid late.
Construction Strategically Navigating the Commercial Real Estate Tax Appeal Process During Construction Defect Litigation Daniel A. Dorfman and Keith S. Brin Property owners involved with construction-defect litigation who are also seeking to obtain property tax relief due to the defects and related substantial loss of income have a common dilemma.
Construction A New Roadmap to a Familiar Journey: The ASCE Standard on Loss of Productivity Frederick E. Hedberg While COVID-19 has changed our lives and the construction industry in many ways, it has not changed the fact that claims for loss of productivity remain some of the most contentious, and most difficult to quantify and prove.
