3/4 of my kids swim competitively, so we’re always poolside! My eldest, who at 11 years old swims year-round for two clubs, is the most decorated. 🥇🥇
She’d love Olympic swimming – were she not at sleepaway camp all month! And yes, she somehow managed to write “eat my bubbles” in permanent marker on her back! 😂
I’ve been thinking about the Design-Build project delivery method lately!
Design and construction projects tend to over-emphasize contract negotiation and give short shrift to project delivery method selection, so I shot this video: Why Are Project Delivery Methods So Important for Design and Construction Projects?
My article, Project Delivery Methods for Design and Construction: More Than You Ever Wanted to Know, has a bunch of charts to illustrate the contract webs which define various delivery method options – lawyers love charts!! 🔥❤️🔥
Speaking of charts, I am a proponent of Designer-Led Design Build, where the lead architect or engineer subcontracts out construction to contractor teammates:
Usually, the lead design professional forms a related company to carry construction-type risks and hold the major contracts (as illustrated above).
In these two videos, I ponder Why Are Architects and Engineers are Scared to Build What They Design? and argue that Design Professional Should Not be Afraid to Lead Design-Build Teams!
Entrepreneurial design professionals can tap new profit centers and build what they design, all without undue risk. I’ve taught it for the ACEC, Association of Licensed Architects, in webinars, and to clients, for years.
All credit goes to my friend, mentor, former Schiff Hardin law partner, Mark Friedlander, who developed a practical business plan for designer-led design-build!
I love traditional design-build projects, which are typically led by constructors not designers. Design-build is often good for Architects and Engineers, Real Estate Developers, Property Owners and Contractors, who can all benefit from the way it can align their interests.
There is often a “nugget” of design-build on traditional projects, i.e., design-build Mechanical, Electrical, Plumbing & Fire Protection (MEP/FP). My video, What Do Smart Project Owners Understand About Design-Build MEP/FP?, addresses its opportunities and risks.
In firm news, I just finished updating a few chapters I co-authored in Construction Dispute Litigation (IICLE, 2018 Edition): Chapter 1 — Responsibilities and Liabilities of Architects and Engineers; Chapter 19 — Nonbinding Alternatives to Litigation for Resolving Construction Disputes; Chapter 20 — Arbitration. You can download copies of the 2018 versions through those links.
My updated Chapter 13 – Alternative Dispute Resolution Terms in Construction Contracts, recently published in Construction Law- Transactional Considerations 2021 Edition, Illinois Institute for Continuing Legal Education (IICLE), is available for download here.
My ever-growing Video Library now boasts some 60 videos into these categories: Contract Negotiation Videos, Videos for Design Professionals, Videos for Project Owners and Developers, and Dispute Resolution Videos! Also, my last dozen newsletters are now archived here: Slightly Aged Newsletters. Please check em’ out – for pictures of my kids, at least!
I am so glad Todd R. Brand, a seasoned construction attorney, joined the firm in May to bolster our dispute resolution practice with his mediation, arbitration, and litigation experience. A huge part of Todd’s practice is Making Lien Claims and Defeating Lien Claims. The hunt is also on for our third attorney: an experienced transactions lawyer who can help our clients negotiate good design and construction contracts and select an appropriate project delivery method.
My clients are Architects and Engineers, Real Estate Developers, Property Owners and Contractors. My mission is to help people who design and construct 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 e-newsletter, with links to my video library, recent blog posts, and firm news, plus tips and info about design and construction law, picking the right project delivery method, negotiating good contracts, proactive dispute avoidance and, when necessary, mediation, arbitration, and litigation.
Just so I don’t get in trouble, I’d better add a picture of my other two competitive swimmers.
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