ABA Forum on the Construction Industry show

ABA Forum on the Construction Industry

Summary: Podcasts from The ABA Forum on the Construction Industry

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Podcasts:

 Legislative Developments in Construction Law | File Type: audio/mpeg | Duration: 52:32

Regina Verducci (Watt, Tieder, Hoffar & Fitzgerald, LLP) will discuss recent California legislation that passed an anti‐indemnity statute that contains thirteen exceptions. Ms. Verducci also prepared the California chapter contained in Division 10’s Construction Law Update publication that is contained on the disk distributed to attendees. Anatoly M. Darov, P.E. (Burns & Levinson LLP in Boston), will speak about new legislation in Massachusetts relating to construction manager and general contractor procurement.

 Engineers Without Liability: Addressing Liability and Risk Issues Associated with Designers who Volunteer | File Type: audio/mpeg | Duration: 50:18

This program will introduce the attendees to Engineers Without Borders‐USA, a volunteer organization of engineers and other professionals that supports community driven development worldwide through collaborative design and implementation of sustainable engineering projects. The panelists will discuss how EWB‐USA addresses risk in its international projects. The panelists will then compare/contrast how it addresses risk internationally to how it addresses risk in its recently implemented domestic program. Last, there will be a discussion of the Volunteer Protection Act of 1997 (42 USC 14501 et al.), its applicability to designers and its key limitations. Panelists are Peter Waugh, P.E., Senior Project Manager of EWB‐USA, and Michael Kamprath of Thresher and Thresher, PA.

 Construction Defect Claims: The "Occurrence" Debate Continues/Are State Statutes The Answer? | File Type: audio/mpeg | Duration: 41:22

Clifford J. Shapiro, Chair of the Construction Law Practice Group, Barnes & Thornburg LLP, Chicago, IL, will provide a brief history of the "occurrence" issue in the construction defect context, report on the current state of the law in the United States (including a 50 state survey), and discuss recent state statutes that were enacted to attempt to address the issue.

 Employment in a Multicultural, Multinational, Multi‐Immigration Status America | File Type: audio/mpeg | Duration: 49:40

Divisions 6 and 11 are proud to host Jacob Monty in a follow‐up to Plenary 6, “The Law of the Future – Workforce Issues.” Author of The Gringo’s Guide to Hispanics in the Workplace and The Gringo’s Guide to Immigration Reform, Jacob will address practical steps that employers need to take to address issues that arise when employing workers who may or may not have authorization to work in the United States and practical steps that can be taken to prepare for anticipated reform measures.

 A Case Study of Public Private Partnerships: The Long Beach Court Building | File Type: audio/mpeg | Duration: 1:04:53

Clark Design/Build is leading the design and construction of the new Long Beach Court Building with AECOM as the architect of record. The Court Building is the first social infrastructure project in the United States procured under the principles of Performance‐Based Infrastructure (PBI) contracting. Total development cost is approximately $490 million, with design‐build cost of approximately $343 million. When complete, the five‐story 545,000 square‐foot building will house 31 courtrooms, as well as court administration offices, Los Angeles County lease space, and retail leasable space. The building will include below‐grade secure inmate transfer facilities, detention facilities, and separate secure parking areas for judges. From Clark Construction, Chip Hastie, Jeff Fullerton, Kerri Novak and Jim McLamb will speak in detail about the Long Beach Court Building and the PPP and PBI aspects of the project. Also to be discussed are the project design highlights, procurement and the status of the project, with its projected completion date of August, 2013.

 "You’re Fired!": Proper Exercise of the Termination Clauses | File Type: audio/mpeg | Duration: 30:13

Join Divisions 2 and 9 as they present a short vignette on what can go right and what can go wrong when a party decides to exercise its right to terminate a contract before substantial completion. The session will be entertaining and informative. Speakers include Karen Denys, Drinker Biddle; Daniel J. Goldberg, Ruberto, Israel & Weiner, P.C.; J. Andrew Howard, Alston & Bird LLP; Neale T. Johnson, Smith Moore Leatherwood; and Brad Scarbrough, Law Office of Brad Scarbrough. You won’t want to miss it!

 Technology and Tactics for Mediating Construction Disputes | File Type: audio/mpeg | Duration: 1:06:39

The panel, which consists of an experienced mediator/neutral, a practicing attorney and a consultant who specializes in graphics for use at trial and ADR, will discuss strategies and best practices for presenting and negotiating at mediations. The panel will consist of Marion Hack (Gibbs Giden Locher Turner & Senet LLP, Los Angeles, CA), Randy Erickson (Crowell and Moring, Irvine, CA) and Ed Josiah (Nautilus Consulting, Syosset, NY). Division 1 Chair Lu Prats (Carlton Fields, Tampa, FL) will serve as moderator.

 Immigration Compliance in the Construction Industry | File Type: audio/mpeg | Duration: 41:05

Immigration Compliance in the Construction Industry

 Large Bids/Large Risks: Perspectives from the Design Team and the Specialty Contractor | File Type: audio/mpeg | Duration: 54:05

A project's design team and set of specialty contractors each face a distinct and complicated set of risks and responsibilities related to project cost estimates. The design team is charged with developing a project estimate for the owner that meets the owner's design and programming goals as well as the owner's budget. Meanwhile, the specialty contractor must develop a responsive bid that it can meet. On large projects, these risks are magnified. Join the Design Division and the Specialty Contractor Division for a collaborative presentation on the issues that arise over contracts, risk allocation, and remedies related to front-end project cost estimating.

 Creative and Unconventional Discovery - Strategy and Techniques | File Type: audio/mpeg | Duration: 1:01:18

Discussion of various creative and unconventional discovery strategies, ideas and techniques. The discussion will include discovery of social media, websites, Internet data as well as the use of traditional discovery tools in creative ways.

 When a Project’s Performance Specifications Lead to Risky Performance Guarantees | File Type: audio/mpeg | Duration: 58:51

What do you do if you are a design professional working on a design-build or EPC project and the design-builder, EPC contractor, or the Owner requires that you guarantee the performance of the built structure or system – such as achieving a certain LEED certification rating, providing a 20% energy savings, or complying with certain regulatory requirements? This is your opportunity to hear a Utility Owner’s perspective on why it must transfer certain business risks to the design- builder through performance specifications and performance guarantees, and a Designer’s perspective on why this type of risk transfer creates insurability problems. In addition, you will receive practical advice on how to limit or reduce the Designer’s potential risk of exposure.

 Trends in LEED Design, Construction and the Law | File Type: audio/mpeg | Duration: 52:10

This program will focus on trends in LEED design, construction and the law, with an emphasis on problem solving. Panelists include (i) Asha Echeverria, PE, LEED‐AP of the Bernstein Shur law firm in Portland, Maine; (ii) Casey McConnell LEED‐AP of NeuGreen, LLC in Naples, Florida; and (iii) Russell E. Stauffer, PE LEED‐AP of AMEC Environmental & Infrastructure, Inc. in Tampa, Florida.

 It’s Miller (Act) Time! | File Type: audio/mpeg | Duration: 44:45

Panelists from Divisions 7 and 9 will discuss Miller Act Bonds. The discussion will include a brief overview of the Miller Act and requirements to perfect a claim against a Miller Act bond; types of damages available under the Miller Act; distinctions between a Miller Act bond, “Little Miller Act” bonds and common law bonds and more. Sam Laurin, Bose McKinney & Evans, LLP; Michael Clark, Siegfried, Rivera et al; and David Fine, Mirick O’Connell et al, will speak.

 One Bite of the Apple: The Key Clauses That Must be Evaluated as Part of any Contract Negotiation | File Type: audio/mpeg | Duration: 53:50

Some contract negotiations will tolerate only a handful of changes. In these situations, it is imperative that counsel stay focused on the key clauses that have the capacity to “make or break” a project’s success. Our panel, comprised of both in‐house and outside counsel, will share their views on the essential contract clauses that, above all others, must be examined by Owners, Contractors and Subcontractors. Harper Heckman of Nexsen Pruet and Chi Lam of Odebrecht will speak.

 Mutual Waiver of Consequential Damages: A New Paradigm | File Type: audio/mpeg | Duration: 45:07

Owners and designers typically address the mutual waiver of consequential damages (“MWCD”) at the 50,000 ft. level. The owner believes the designer should bear the full risk of design caused consequential damages while the designer believes the fee does not underwrite that risk. In effect, MWCD negotiation seems resolved, in practice, based on bargaining power and leverage, rather than project specific considerations. What if the parties approached from a different perspective, focusing on their respective concerns in the context of the specific project, based on a forecast of the kinds of design errors and omissions that may result, in loss of use and other consequential damages?

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