I am thrilled to announce that Todd R. Brand, a seasoned design and construction attorney, has joined the firm as a Senior Associate Attorney. Most recently with Laurie & Brennan LLP, a Chicago-based Construction Law Firm, Todd will bolster our dispute resolution practice with his emphasis on mediation, arbitration, and litigation. With life returning to normal, I expect this to mark the start of some serious growth for my law firm!
And now, a few of my top dispute resolution videos, in honor of Todd’s hire…
Here’s my all-time favorite: Can a Lawsuit Save Me From Bad Design and Construction Contracts? The answer – almost always – is “no way.” Regardless, a few years of protracted litigation is, at best, the long way round’ the block!
If you’re considering a claim, ask yourself: Is Pursuing My Design and Construction Claim a Worthwhile Investment? Several factors go into that decision – some are quantifiable and tangible, but others are personal and emotional.
Can Mediation Help Resolve Design and Construction Disputes? I say YES, absolutely! But only if you understand the human psychology of dispute resolution, and what business owners require to make an informed decision to settle or fight.
If you’re spoiling for a fight, you might ask: Is Arbitration or Litigation Best for Design and Construction Claims? There’s no consensus – ask five lawyers, you’ll get 10 answers! Good lawyers need to be equally adept in both forums, if you ask me.
So you hate arbitration, huh? Check out Arbitrator-Directed Arbitration: A Proposal to Improve Construction Arbitration. The brainchild of my co-author and mentor, Mark Friedlander, it seeks to preserve arbitration as a fair, cost-efficient, and viable litigation alternative.
In firm news, I was honored with a few big speaking gigs in April…
On April 14th, I co-presented Seeing the Big Picture: Best Practices for Contracting and Risk Management – with luminaries Patrick J. O'Connor, Robin Banks and Claramargaret Groover – to the Construction Management Association of America (CMAA) through the American Bar Association’s (ABA) Forum on Construction Law. Our slide deck is linked here.
On April 22nd, I taught a Construction Specifications Institute (CSI) course entitled AIA Document A201-2017: Understanding the General Conditions of the Construction Contract, as part of CSI’s Construction Documents Technology (CDT) certification program – a course of study on writing, interpreting, and managing contract documents. My slide deck is linked here.
I shared this photo on LinkedIn, but can’t resist sharing it again. Between my baseball playin' son's Travel Team and House League games, I get to watch baseball every day!
I LOVE BASEBALL! ⚾️⚾️⚾️
We reorganized my Video Library, sorting nearly 60 videos into these categories to make it more user-friendly: Contract Negotiation Videos, Videos for Design Professionals, Videos for Project Owners and Developers, and Dispute Resolution Videos! Please check it out!
My clients are Architects and Engineers, Real Estate Developers, Property Owners and Contractors. My mission is to help people who design and construct buildings enter into good contracts, avoid disputes, and have their expectations met with ‘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.
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