Construction Law Today

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. 

Episode 20: Listen to These Voices

In March, 2021 three experienced black  construction lawyers were interviewed in a program at the Annual Meeting of the American College of Construction Lawyers.  Barbara Werther, a Fellow of the American College of Construction Lawyers, conducted the interview.  It is an important and thought-provoking discussion.  In this episode I talk with Barbara about her presentation and, immediately following, the entire interview is reproduced in our podcast.  The perspectives of these lawyers provide remarkable insight into several diversity and inclusion issues.  

Episode 19: AIA Contract Documents

The American Institute of Architects has been creating and disseminating all kinds of construction contracts for more than 120 years. These documents have become an integral part of the way lawyers, owners and contactors think about construction deals. In this podcast we talk with James “Jimmy” Germano, Manager and Counsel for the AIA Contract Documents. Jimmy tells us about the background of the AIA, the structure of the document system, how the documents are revised and updated, and where the AIA headed.  It is an interesting, fun and informative discussion. 

Episode 18: Modular and Prefabricated Construction

Modular and prefabricated construction techniques are becoming increasingly popular in a variety of applications. Lee Davis from the law firm of Eversheds Sutherland in Atlanta, Georgia explains some of the key legal issues that arise in this area. This is an evolving field with many complex, and sometimes surprising matters to consider. This is an excellent primer to become acquainted with these new and challenging ideas.

Episode 17: Neutral Case Evaluation

In this episode I talk with Andy Ness of JAMS in Washington D.C. about Neutral Case Evaluation.  Andy, a well know construction mediator and arbitrator, explains how this technique can be used to help resolve complex disputes. It is an interesting and informative discussion on another form of alternative dispute resolution that is growing in use. 

Episode 16: "Guided Choice" Mediation Process

Join us for an enlightening discussion with two sophisticated practitioners of the “Guided Choice” method of mediation. Bill Geisen of Stites & Harbison and Dean Thomson of Fabyanske, Westra, Hart & Thomson, are not only knowledgeable about this specific type of mediation which employs very early intervention of the mediator, but also have a wealth of experience in the world of construction law.  Listen to Bill and Dean provide a number of practical examples of how “Guided Choice” mediation may be particularly useful in resolving complex construction disputes.

Episode 15: Insurance Issues in Construction Litigation Part 2

Here is Part 2 of our two-part podcast on insurance issues in construction litigation.  Part 1 of this series is found at Episode 5. Our guest in both episodes is David Suchar from the Maslon Law Firm in Minneapolis, Minnesota. David and I pick up on where we left off in Part 1 and discuss builder’s risk insurance, professional liability insurance, and current issues arising in COVID related insurance litigation.