Construction Law Today

Construction Law Today episodes:

• 06.05.2024

  Episode 37: Force Majeure & Impossibility for COVID-19 and Other Construction Claims

  In this episode we delve into the history of force majeure provisions and the impossibility doctrine. Our now repeat guest Benton Wheatley addresses this topic from the perspective of the common law history of force majeure and impossibility, leading up to...

  
• 04.22.2024

  Episode 36: The False Claims Act in Construction

  In this episode we discuss the False Claims Act and its impact on the construction industry. Our guest is Chelsea Cullum, Executive VP, Forensics with Vertex in Washington, DC. She is a forensic accounting and quantum expert with a particular...

  
• 01.31.2024

  Episode 35: Autonomous Vehicles in Construction

  In this episode we discuss autonomous vehicles and their impact on the construction industry. Our guest Tony Lathrop of Moore & Van Allen in Charlotte, NC addresses this topic using his many years of experience in his firm’s Transportation, Infrastructure...

  
• 11.29.2023

  Episode 34: Construction Case Investigation

  In this episode we discuss a topic that is familiar to many of our listeners—construction case and claims investigation—but with a focus on some innovative ways to consider and pursue information. Our guest Mark Becker at Fabyanske, Westra, Hart &...

  
• 09.11.2023

  Episode 33: Private Equity in Construction

  In this episode we explore the issues raised and opportunities presented by the infusion of Private Equity money in the construction industry and resulting issues in the field of construction law. Our guest Benton Wheatley addresses this topic using his years...

  
• 08.31.2023

  Episode 32: Double Blind Construction Mediations

  In this episode we discuss double blind mediation techniques—and best practices for lawyers who participate in construction claims mediations. Accomplished construction lawyer and mediator Mark Heley addresses this topic. Together we explore the mediation of larger multi-party cases, how double...

  
• 06.05.2023

  Episode 31: Dispute Resolution Boards

  In this episode we discuss DRBs—Dispute Resolution Boards—and best practices for experts and lawyers who participate in them. Engineer and expert Joe Siebold from Arcadis addresses this topic. Together we explore the range of processes undertaken by DRBs, their best...

  
• 05.15.2023

  Episode 30: Building Information Modeling

  In this episode we discuss BIM-Building Information Modeling systems, legal issues implicated by BIM and best practices for lawyers in contracting and in working with professionals who use BIM every day. Construction lawyers Kristine Kubes, owner of the Kubes Law...

  
• 09.26.2022

  Episode 29: The Construction Checklists Book

  In this episode we discuss the second edition of the "Construction Checklists" book (2022)—one of the ABA Forum on Construction Law's newest books and an excellent addition to the organization's catalog of useful resources. Construction lawyers Terry Brookie and Misty...

  
• 08.02.2022

  Episode 28: Cyber Insurance

  This podcast is about Cyber Insurance. In a business environment in which construction industry participants face the daily threat of cyber-attacks by way of ransomware and malware, and the potential for data breaches as well, insurance products have stepped in...

  
• 06.06.2022

  Episode 27: Early Dispute Resolution

  This podcast is on Early Dispute Resolution (EDR)—a form of alternative dispute resolution that is becoming more widely used to resolve construction industry disputes. EDR seeks to resolve complex commercial disputes within 30-60 days with an outcome equivalent to those...

  
• 04.07.2022

  Episode 26: AIA Contract Documents Part 2

  Here is Part 2 of our podcast on the AIA Contract Documents hosted by David Suchar. Part 1 of this series is found at Episode 19. Our guest in both episodes is James “Jimmy” Germano, Manager and Counsel for the...

  
• 01.18.2022

  Episode 25: Condominium Governance as Buildings Age

  In Episode 23 of the podcast, we took our first look at one of the issues arising from the Champlain Towers collapse in Southern Florida. The subject of that podcast was building code enforcement.  As further investigation into the disaster...

  
• 12.21.2021

  Episode 24: A First Look at Federal Contracting Issues

  Many of our clients will bid on federal projects, and may have claims relating to these projects. This is especially true given the recent passage of the Biden administration’s infrastructure package. In this podcast we speak with two skilled and...

  
• 12.01.2021

  Episode 23: Building Codes and Building Safety

  On Thursday, June 24, 2021, Champlain Towers South, a 12 story residential condominium in the Miami suburb of Surfside, Florida collapsed killing 98 people. The incident is one of the greatest losses of life caused by a construction failure in...

  
• 10.07.2021

  Episode 22: Design Professionals Guide to Construction Law

  The ABA Forum on Construction Law is a prolific producer and publisher of books on construction law.  In this episode we meet with the editors of a brand new edition entitled: “Design Professionals Guide to Construction Law.” Construction lawyers Matt...

  
• 08.17.2021

  Episode 21: Construction Arbitration Update

  Many construction contracts contain binding arbitration provisions and as a result, the arbitration process continues to be an important topic for all construction lawyers. This episode is a conversation with two preeminent arbitrators, John Hinchey and Laura Abrahamson, both with...

  
• 08.03.2021

  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...

  
• 07.06.2021

  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...

  
• 05.27.2021

  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...

  
• 04.02.2021

  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...

  
• 01.21.2021

  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...

  
• 01.08.2021

  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....

  
• 11.17.2020

  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...

  
• 08.26.2020

  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...

  
• 07.22.2020

  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...

  
• 06.23.2020

  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...

  
• 02.12.2020

  Episode 10: Cross-Culture Construction Negotiations

  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,...

  
• 12.16.2019

  Episode 9: A Futurist Looks at the Construction Industry

  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...

  
• 10.22.2019

  Episode 8: Inclusion, Diversity, Professionalism, and Risk Management

  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,...

  
• 10.01.2019

  Episode 7: Construction Law South of the Border

  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...

  
• 10.01.2019

  Episode 6: ConsensusDocs

  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...

  
• 09.26.2019

  Episode 5: Insurance Issues in Construction Litigation

  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...

  
• 07.10.2019

  Episode 4: The Care and Feeding of Shop Drawings

  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...

  
• 07.10.2019

  Episode 3: Still Spearin After All of These Years

  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...

  
• 07.10.2019

  Episode 2: Project Delivery Methods

  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...

  
• 07.10.2019

  Episode 1: Large Scale Construction Projects: What Owners Worry About

  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...