Best Practices Construction Law

Best Practices Construction Law

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Matt has written articles and given presentations on all aspects of construction law. Find a resource here.

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Best Practices top posts include claims preparation, contract drafting, and litigation pitfalls. You don’t want to miss these ones.

Matthew DeVries

Matt is a construction & litigation attorney at Burr & Forman LLP and father of seven young kids.

Category Archives: Technology

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Risk or Reward? Using Drones on Your Construction Project

Posted in Best Practices, Claims and Disputes, Technology
In this week’s issue of ENR, technology writer Luke Abaffy details the use of drones by Minnesota Department of Transportation (MnDOT) to conduct bridge inspections. We’ve all seen the YouTube videos or Facebook posts of a drone in action. The recent article in the ENR magazine highlights a new testing program by MnDOT that is… Continue Reading

Paper to Paperless: Webinar on Construction Documentation and Risk Management

Posted in Best Practices, Legal Trends, Project Management, Technology
You will rarely find me advertising on this blog.  However, throughout the year I regularly receive inquiries about electronic discovery, mobile apps, and the paperless project.  And every couple of years I partner with the Construction Pro Network to address these issues.  I am pleased to announce that I will be doing a Webinar on October… Continue Reading

Digital Databases: The Legal Implications of Harnessing Knowledge

Posted in Legal Trends, Technology
A recent ENR headline caught my attention: “Structural Engineers Learn Lessons From Failures Through Digital Databases.” The article by Nadine Post discussed a new digital database—similar to YouTube, SharePoint and Wikipedia—being developed by structural engineers to “harness knowledge” to avoid future loses.   As noted in Post’s article, “[w]ith global engineering research, knowledge and failure data… Continue Reading

Using QR Codes in the Construction Industry

Posted in Technology
You have probably already seen quick response (QR) codes appearing in magazines, newspapers, posters, business cards and in various other print sources.  As smartphone technologies and uses become more prevalent, the use of QR codes is increasing … and expanding in scope.  The construction industry is seeing some new and innovative uses, including the following:… Continue Reading

“Like Us” On Social Media! An Endorsement Under Advertising Laws?

Posted in Social Media, Technology
Does your construction company, architectural firm or development group have a Facebook fan page?  Are you worried about what advertising laws apply to a social media platforms? The Federal Trade Commission has eliminated any question of whether liability can arise in connection with consumer endorsements for the obvious reason that consumers may rely on endorsements… Continue Reading

Communication, Communication, Communication: Lessons from a BIM Lawsuit

Posted in Building Information Modeling, Legal Trends, Technology
Last year around this time, I blogged about a new report indicating that half of the construction industry was using building information modeling (BIM) on their projects.  Last week, the BIM community lit up in response to an article by Nadine Post, which was featured in both Engineering News-Record and Architectural Record. A representative of… Continue Reading

Tune In Thursday for Capital Thinking Radio Show Featuring Matt DeVries

Posted in Social Media
In February, I was featured on Kevin O’Neill’s Capital Thinking Radio Show on the VoiceAmerica Business Network to discuss social media business development tips and legal risks.  Well, I’m back to the radio waves tomorrow to discuss new trends in social media, including some recent missteps and use of social media in the political world. … Continue Reading

Digital Signatures in Construction Contracts: Are They As Good As the Real Thing?

Posted in Document Management, Legal Trends, Project Management, Technology
A few months ago, I did a webinar on project documentation.  At the end of the webinar, one of the participants asked, Are digital signatures as good as hard copy signatures? I addressed this exact question in a feature article that I wrote for ABC’s Construction Executive magazine on the paperless construction project.  In the… Continue Reading

Collaborative Construction: Using Technology and Construction Apps for Project Management

Posted in Project Management, Technology
I recently discovered that eight out of ten of the top key word searches on this site over the past few months included variations of the following words: construction, iPad, technology and apps.  The searches were referred primarily to a blog post I did about my favorite apps for the construction industry.  Construction apps are more… Continue Reading

Paper to Paperless on the Modern Construction Project

Posted in Document Management, Technology
In a recent article that I wrote for ABC’s Construction Executive magazine, I shared some experiences and lessons learned from a paperless project.  The construction industry needs to consider that “paperless” involves more than simply a different form of documentation, but also a debate about whether the benefits of a paperless endeavor outweigh the upfront… Continue Reading

Social Media at the ABA Forum on the Construction Industry’s Fall Meeting

Posted in Social Media
As many of you know, I am involved in the ABA Forum on the Construction Industry, which is the largest organization of construction lawyers in the United States and abroad.  Our Fall meeting is next week in Miami Beach, Florida.  The conference focus is “We Won’t Get Fooled Again: Lessons Learned from the Economic Downturn” and features… Continue Reading

Livescribe Smart Pen: That, Too, Is Discoverable in Litigation!

Posted in Case Law, Technology
Fellow blogger Matt Handal did a post today about his Livescribe Pulse Smart Pen.  I love technology and I absolutely love this gadget!  However, Matt’s post raised a red flag to me about the discoverability of taped or recorded conversations in litigation. For years, lawyers have been requesting "electronic discovery" from the opposing side.  Traditionally,… Continue Reading