Earlier this week, I received an alert that "Five AIA Contract Documents are going green!" Developed using AIA’s flagship documents as a base, and incorporating concepts and model language from the AIA’s Guide for Sustainable Projects, the new documents address the unique roles, risks and opportunities encountered on sustainable design and construction projects.
“The development
Last week, the Supreme Court of Tennessee heard oral arguments on a contract interpretation issue in a construction dispute between Ray Bell Construction and Tennessee Department of Transportation. You can get the details here, but the real lesson is one about how to interpret contracts, whether you are talking about the scope of work, changes
As a construction lawyer involved in complex litigation, I am often asked to prepare a "litigation and discovery budget" for a client. As a construction client, your stomach may turn when you receive one of these budgets from your lawyer. Is there a way to control the costs of discovery in construction litigation?
According
I will admit it. I am open-minded. I will try anything (…well, almost anything…) at least once. So, a few years ago when ConsensusDOCS hit the market, I was happy to take the construction documents for a spin … and I was even happier to learn that ConsensusDOCS offered a metered account that allowed
As the college football seasons comes to an end, USA Today had a special report on the salaries of coaches, as well as a great article on coaches’ contracts. The article described how some schools have the freedom to include "unusual provisions" in their contracts.
How’s that for bargaining? Middle Tennessee
I recently read a BNA article on commercial arbitration entitled Achieving the Perceived Cost Savings and Expedience of Commercial Arbitration (pdf). In the article, Chicago attorney William O’Neil identifies six essential terms you should include in your arbitration clauses.
While I agree with most of the essential terms, the recommendations really depend on
There is a lot of hot air in Albuquerque, New Mexico this week. And it’s not because I was in town … it’s because of the Albuquerque International Hot Air Balloon Fiesta. This post is about some lessons learned in project management on Indian projects.
Continue Reading Hot Air Balloons: The Sky’s the Limit in Construction Contracting and Project Management
Lucidity is defined as clearness of thought or style. In its recent revisions to the A310 (Bid Bond) and A312 (Performance Bond and Payment Bond), the American Institute of Architects (AIA) attempts to provide a clearness of thought and style.
The first publication of AIA’s standard bond form was in 1911. The most
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
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