Construction Law Today

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...

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...

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. 

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. ...

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 insur...

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...

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...

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 th...

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 cho...

In this episode, Buzz sits down with renowned construction lawyer Adrian Bastianelli to learn about Adrian’s recent research into how our own bias effects the manner in which we interpret cultural differences in negotiations. Adrian discusses, with some remarkable insight, just how extensively these negotiations can be impacted by our own perceptions about the actions of the parties sitting on the...

What is the future of the construction industry? Futurist Simon J. Anderson joins us for an interesting discussion of the trends which are shaping how construction work will be undertaken in the future. If you think the future is coming fast, you are right!

In this episode, our guest Lance Currie, from the law firm of Carrington, Coleman, Sloman & Blumenthal, LLP in Dallas, Texas, discusses the issues related to limited workforce diversity in much of the construction industry including opportunity risks, safety risks, legal risks, and reputational risks for companies not having a diverse and inclusive culture.

Welcome to our first international podcast.  This is an interesting and informative discussion with Roberto Hernandez of COMAD, S.C. in Mexico City.  This episode discusses what an American construction company, and its counsel, might need to know about undertaking a project in Latin America.

ConsensusDocs are one of the commonly used set of construction documentation forms.  Brian Perlberg, the executive director of ConsensusDocs, joins us for an episode to discuss the history of form documents in the construction contracting world, in general, and more specifically, some of the philosophies that support some of the thinking behind the language and format of ConsensusDocs.  

This is part one of a two-part podcast on the important issue of insurance in construction litigation. Our guest David Suchar, from the Maslon Law Firm in Minneapolis, Minnesota, reviews with us some of the basics of insurance law as it applies to construction, and then moves into some of the more complex issues that are typically seen in a construction dispute.  This is a very interesting subject...

Please join us in an interesting discussion with Stephen Hess of Sherman & Howard from Colorado Springs, Colorado about the “care and feeding” of shop drawings.  Stephen raises a number of interesting points with regard to these documents which are commonly found in a number of construction contracting transactions.  Is a shop drawing a contract itself?  Which parties assume obligations and respon...

Our podcast, in this episode, focuses on the Spearin Doctrine announced by the United States Supreme Court in 1919.  This is the 100th Anniversary of the Doctrine and it is still relevant in current issues in construction law.  Our guest is Robbie MacPherson from the Gibbons law firm in Newark, New Jersey.  Robbie offers significant insight into the applicability of the Spearin Doctrine and the li...

Our guest for this episode is Dan Brennan, an experienced construction lawyer from the law firm of Laurie & Brennan, LLP in Chicago, Illinois.  Dan speaks about project delivery methods.  We talk about how to select the right project delivery method and the pros and cons of various ways to contract for a project.

In our inaugural episode, host Buzz Tarlow interviews George Meyer of the law firm of Carlton Fields in Tampa, Florida.  George is an expert in large scale construction projects including stadiums, arenas, ballparks, convention centers, airports, hospitals, and hotels.  In the podcast, George speaks about the key issues presented to owners in connection with these large projects.  Many of these is...