Construction Law Today

Episode 30: Building Information Modeling

In this episode we discuss BIM-Building Information Modeling systems, legal issues implicated by BIM and best practices for lawyers in contracting and in working with professionals who use BIM every day. Construction lawyers Kristine Kubes, owner of the Kubes Law Office in Minneapolis, and Jimmy Germano, Senior Manager and Counsel-Contract Documents at AIA discuss this topic, including potential contractual and negligence issues associated with BIM, how AIA has dealt with BIM in its form contract documents, other legal issues involving ownership of the BIM model and whether BIM is a contract document, and practical tips for construction lawyers on dealing with BIM on construction projects.

Episode 29: The Construction Checklists Book

In this episode we discuss the second edition of the "Construction Checklists" book (2022)—one of the ABA Forum on Construction Law's newest books and an excellent addition to the organization's catalog of useful resources. Construction lawyers Terry Brookie and Misty Gutierrez discuss their role as editors (along with co-editors Eric Berg and Carrie Okizaki), the content and process for developing the book, and some practical ways in which construction lawyers and other industry participants will benefit by using the book.

 

Episode 28: Cyber Insurance

This podcast is about Cyber Insurance. In a business environment in which construction industry participants face the daily threat of cyber-attacks by way of ransomware and malware, and the potential for data breaches as well, insurance products have stepped in to provide protection. Our guest Kent Collier, Senior Vice President at Greyling Insurance Brokerage & Risk Consulting, tells us about the range of options for responsive insurance products that may cover liability for cyber threats. We address specific instances of how insurance responds to attacks, how the industry is changing due to recent threats, best practices for reacting to cyber incidents and for construction lawyers advising their clients on these matters, and thoughts on the future of cyber threats and related claims and litigation.

Episode 27: Early Dispute Resolution

This podcast is on Early Dispute Resolution (EDR)—a form of alternative dispute resolution that is becoming more widely used to resolve construction industry disputes. EDR seeks to resolve complex commercial disputes within 30-60 days with an outcome equivalent to those reached after full motion practice or trial. Our guests are Brett Henson and Peter Silverman of the Shumaker law firm. Brett and Peter describe the goals of EDR, its use in practice and some aspirational commentary about EDR becoming the standard resolution practice for a wider range of construction disputes.

Episode 26: AIA Contract Documents Part 2

Here is Part 2 of our podcast on the AIA Contract Documents hosted by David Suchar. Part 1 of this series is found at Episode 19. Our guest in both episodes is James “Jimmy” Germano, Manager and Counsel for the AIA Contract Documents. Jimmy tells us in this episode about the AIA’s contract drafting philosophy and the impact of current construction trends on the Contract Documents. Topics include the influence of COVID-19, proliferation of Design Build and Delegated Design, increasing complexity of insurance arrangements, Prefabricated Construction, advancements in Building Information Modeling practice, and discussion of how the Contract Documents are being updated as a result.

Episode 25: Condominium Governance as Buildings Age

In Episode 23 of the podcast, we took our first look at one of the issues arising from the Champlain Towers collapse in Southern Florida. The subject of that podcast was building code enforcement.  As further investigation into the disaster continues, more information is coming out about the condition of the building and the Homeowners Association’s efforts to deal with the building’s maintenance issues and to pay for the extensive needed repairs.  This likely very common situation gives rise to the multifaceted issue of condominium governance, especially as these buildings age.  Today we speak with Evan McKenzie, a professor at the University of Illinois, Chicago, a prominent authority on how these private governmental bodies attempt to meet the needs of the buildings that they operate and the residents they serve. This is a fascinating and complex subject that will undoubtedly attract the attention of construction lawyers now and in the future. 

Episode 24: A First Look at Federal Contracting Issues

Many of our clients will bid on federal projects, and may have claims relating to these projects. This is especially true given the recent passage of the Biden administration’s infrastructure package. In this podcast we speak with two skilled and experienced federal contracting lawyers from the Oles Morrison law firm in Seattle Washington. Join me, Doug Oles and Howard Roth for an interesting and enlightening broad-based look at the Federal contracting and claims processes. 

Episode 23: Building Codes and Building Safety

On Thursday, June 24, 2021, Champlain Towers South, a 12 story residential condominium in the Miami suburb of Surfside, Florida collapsed killing 98 people. The incident is one of the greatest losses of life caused by a construction failure in the history of the United States.  There are numerous questions about what happened and why. Understandably, the matter is now the subject of extensive litigation. One fact that is known is that the structure met all applicable building codes in effect when the construction was completed. Join us for an instructive and interesting interview with Linda Pieczynski, noted author, instructor and former prosecutor of building code violations in a discussion of how and when building codes are enforced and the impacts and limitations of these codes in assuring safe construction.

Episode 22: Design Professionals Guide to Construction Law

The ABA Forum on Construction Law is a prolific producer and publisher of books on construction law.  In this episode we meet with the editors of a brand new edition entitled: “Design Professionals Guide to Construction Law.” Construction lawyers Matt Ninneman,  Buck Beltzer and Mark Mercante discuss the background and content of the book as well as some of the key current legal issues that can impact design professionals. Join us for an interview that is sure to be of interest to architects and other designers, and the lawyers who represent them. 

Episode 21: Construction Arbitration Update

Many construction contracts contain binding arbitration provisions and as a result, the arbitration process continues to be an important topic for all construction lawyers. This episode is a conversation with two preeminent arbitrators, John Hinchey and Laura Abrahamson, both with the JAMS Organization.  Each has remarkable experience in the field and share their respective thinking on current trends, developing processes, and what works, and why. They add some keen insight on what domestic arbitration procedures might take from international practices.  My discussion with John and Laura should be interesting and informative to those involved in all aspects of the construction arbitration practice.