Construction Law Today

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.

Episode 14: Design Build Project Delivery

Design Build is an important and sometimes complex project delivery method. In this podcast we speak with Stephen Del Percio of AECOM’s New York metropolitan area office.  Stephen is very familiar with many of the issues involving Design Build and offers interesting insight into these matters. He is an engaging and talented lawyer and engineer who brings a wealth of experience to the table in our thirty-minute discussion.

Episode 13: Building for Good - The Construction Lawyer's Pro Bono Organization

In this episode we talk with Kristen McDonough, the Program Director of Building for Good, Inc. Building for Good, or B4G as it's referred to, is a national not-for-profit corporation based in Boston, Massachusetts which matches construction lawyers with a variety of types of charities to help provide pro bono legal assistance on all kinds of construction projects.  Kristen explains the history of Building for Good, the projects they are currently working on, and how construction lawyers can get involved with this worthy effort.

Episode 12: A First Look at COVID and Construction Contracts

Join us for our first podcast episode relating to the COVID-19 ciris.  Washington D.C. attorney Shiva Hamidinia, from the law firm of Nichols Liu LLP, discusses recent decisions relating to the legal impact of pandemics and the rationale used by courts to decide these cases.  The two cases discussed, reaching opposite results, may be instructive as to how courts will be treating these issues in the future.  Shiva's commentary is interesting and insightful.

Episode 11: Using an Expert Witness in Construction Litigation

Many cases require the use of expert witnesses on issues ranging from causation to damages. Attorney Alex Dockery of the law firm of Goulston & Storrs and Chris Sullivan, a well-respected consultant and expert witness with FTI Consulting, discuss the basics, and some of the more complex issues, of retaining and effectively using an expert in the construction case. The discussion highlights why choosing and working well with the right expert can make an important difference in your case.