My six quarantine partners and I plan to visit every National Park…eventually.
For now, trying to see all the Forest Preserves in Lake County, and many in Cook County, is a fun substitute!
In tough times, many ask: Is It Worth Pursuing Your Construction Claim? I wrote a Great Recession piece for Thompson Reuters’ Journal of Construction Accounting and Taxation (Vol.19, No.4, July/Aug 2009) by that name. Relevant again, it is linked above.
Courts are just learning to operate remotely, so many are looking again at arbitration as a litigation alternative. Once the darling of the construction industry, arbitration fell into disfavor with many. I co-wrote Arbitrator-Directed Arbitration: A Proposal to Improve Construction Arbitration with Mark Friedlander, my former Schiff Hardin partner. It proposes speed and efficiency increases, without sacrificing due process or quality decision-making.
I continue to help clients negotiate contracts, including with the 2019 AIA Contract Documents, despite the economic downturn. My new post, The B152-2019 Interior Design Agreement: Important FF&E Changes, addresses the replacement to the widely-used B152-2007, Owner-Architect Agreement for Interior Design Services. Next month, I plan to write on the AIA’s new Construction Manager (CMa / CMc) Agreements!
In May 2020, I addressed a Private Equity Real Estate Fund Manager, and its investors, in a private webinar entitled Construction Continuity During COVID-19: Proactivity and Creating Good Facts. I addressed Payment and Performance Bonds, Mechanics Liens, Insurance Issues, and Contract Rights and Obligations. That video presentation – which I unartfully cropped to preserve my audience’s confidentiality – is linked above.
Mechanics Liens continue to be a hot issue, sadly, as COVID-19 impacts more projects. I help project owners and developers defeat lien claims. I also help architects, engineers, and contractors use liens to get paid. I would much rather negotiate contracts than resolve disputes, but I am handling more liens than usual these days.
My mission is to help people who design and construct buildings enter into good contracts, avoid disputes, and achieve ‘win-win’ outcomes. I price legal services based on value provided, not just hourly billing, to further that mission – and to make legal advice available to more people in design and construction.
I am also happy to provide this monthly e-newsletter, with links to my video library, recent blog posts, and firm news, plus tips and information about design and construction law, picking the right project delivery method, negotiating good contracts, proactive dispute avoidance and, when necessary, mediation, arbitration, and litigation.
I never intend to intrude on your inbox. If you wish to unsubscribe, simply hit the unsubscribe button below. Thank you for your support of my firm!