Under Construction - Summer 2021

Construction

An Opportunity to Reflect as We Move Forward

Wm. Cary Wright

As we continue our mission of Building the Best Construction Lawyers, not only should we focus on the technical aspects of our great profession, but foster and cherish the friendships we make along the way and leave our colleagues and friends better.

In Memoriam: Larry Harris

The Forum lost one its best with the passing of Larry Harris on May 14, 2021. What set Larry apart had little to do with his pure legal skills; it was his consummate ability to connect nearly instantly with anyone and form a lasting bond.

Construction

Mandatory Vaccination Policies are Likely Legal in Some States, but Should Your Business Implement Them?

Missy L. Griffin and Matthew C. Wallin

Some states allow businesses to mandate COVID-19 vaccinations in the workplace; construction employers should weigh these considerations before mandating such a policy.

Construction

Liquidated Damages – The Basics

Jeremy Wegener and Chad Caplan

Liquidated damages provisions are included in many modern private and public construction contracts as a convenient way for owners and contractors to allocate and define their risk in the event of a breach.

Construction

Applying Moneyball Based Judicial Analytics to Construction Contract Disputes

Edward R. Ballard and Benjamin D. Davies

What to do when your client submits their federal contract bid late.

Construction

Product Liability Law in Construction and The Case of the Insolvent Manufacturer

Pierre Grosdidier

This article is a case study in the complexity and challenges construction lawyers face when construction disputes related to defects in materials, products and equipment incorporated into a construction project.

Construction

What Causes Construction Disputes, How They Are Resolved & How COVID May Affect the Process

Greg Holness, PE

Interested in what others in the construction industry cite as the primary causes of disputes? This article provides the answers based upon Arcadis’ global survey on the topic, as well as insight into dispute resolution and the effects of COVID.

Construction

EDR: Fairly & Ethically Resolving Construction Disputes at a Hare’s Pace

Brett M. Henson and C. Jade Davis

In this article, we provide an overview of how Early Dispute Resolution (“EDR”) can be used to resolve construction disputes within 30 to 60 days of inception.

Construction

Creative Solutions to Court Congestion

Stephen A. Hilger

“Justice delayed is justice denied:” here are practical solutions to the problem of court congestion brought on by the pandemic.

Construction

ABA Endorses Business-To-Business Arbitration: Impact on Construction Dispute

Edward Lozowicki

For decades construction contractors and owners have selected arbitration as an alternative to court litigation for the resolution of their disputes. The ABA officially endorses business arbitration and its benefits for the construction industry.

Construction

Working Creatively with Standard of Care Experts to Attack Damage Models

Angela Caffey, Esq., and Jacob Bice, Ph.D., P.E.

This article is a case study in the complexity and challenges construction lawyers face when construction disputes related to defects in materials, products and equipment incorporated into a construction project.