Noted author and business attorney, Peter Siviglia, once said: "In this world, … there are two forms of writing: creative (such as novels, plays, and poetry) and expository (such as treatises, letters, memorandums, and briefs). I’ve tried both and prefer a third: contracts, which do not entertain, do not convey information or ideas, and do not try to
The Top Three Causes of Disputes on a Construction Project
Earlier this week, I was talking with fellow attorney who does not practice construction law. At one point in our conversation, he threw out a goocher of a question: "I know this is a hard question, but what do you think causes most of the disputes on a construction project? I am sure there could be
Make Up Your Mind Mother Nature: Construction Law and Weather Delays
My children have been mad at Mother Nature over the past month. One day … jeans, turtle necks and jackets. The next day … shorts and flip-flops. At least in the South we have not had to deal with 30 inches of snow like on the East Coast. That kind of weather can cripple a
Hot Off the Press: ConsensusDOCS Releases Green Building Addendum
As much as possible, I like to highlight various forms of construction contract documents. In most of my green building presentations over the past few months, I have talked about the "soon to be released" Green Building Addendum from ConsensusDOCS. Well, that day has finally come!
Based upon my preliminary review of the 310
The Problem with Words: They Can LEED to Miscommunication
I have my Google reader set to search various blogs, news sites, and Twitter feeds to help me keep current with the latest trends in the construction industry. There remains one major problem: the words we use have different meanings for everyone.
Take, for example, my search of Twitter feeds (above) for Building Information Modeling (BIM). If you were to do
A Little Game of Tag: Contractual Waivers of the Automatic Stay in Construction Contracts
What does a little game of tag have to do with construction contracts? If you ever come by my house on a Saturday afternoon, you will find about 10-15 kids running through my backyard playing the "You’re it!" sensation. Oftentimes, when I am sitting on the back deck with a cool glass of iced tea
When…Not If…Does BIM Become Mainstream? Wisconsin Says Now!
Last month, I wrote about how Building Information Modeling (BIM) helped a project meet its time and money goals when local legislation requiring LEED certification was enacted in Wasington, D.C. The original article that appeared in McGraw Hill Construction provided an excellent overview of BIM uses and strategies for all construction projects, including green ones. The question that keeps running through my
Construction Contracts and Arbitration Provisions: Is the Word “May” Mandatory? Maybe!
You don’t always say what you mean. And you don’t always mean what you say.
In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. For example, when the parties use the word “shall” in their agreement, they generally understand that the obligation specified is mandatory. Or when parties use the
ConsensusDOCS Beats AIA to the Punch: Releases Federal Gov’t Contract
In case you have not heard, on June 11, 2009, ConsensusDOCS released what is reported to be the first and only standard contract designed specifically for federal government construction projects. The ConsensusDOCS 752-Subcontract for Federal Construction Projects provides all of the necessary terms and conditions essential to comply with the Federal Acquisition Regulation ("FAR"). In
Green Building is a Matter of Perspective
In this day and age of Biggest Loser, South Beach Diet, and the latest fitness craze highlighted by Oprah, I find myself more and more conscious about my eating habits. In fact, if you promise not to tell anyone, we have a little fitness competition within our own law firm starring four