We did the family picture thing… I figure I’d get some mileage out of it here 😁 #bakerhalfdozen
Three out of seven looking at the camera is about as good as it gets!

I added four videos and three articles to my website this month…
Nobody likes claims, so I made a short video entitled How Can Step Negotiations Quickly and Inexpensively Minimize Brewing Design and Construction Disputes? I try to add “Step Negotiation” clauses to nearly all contracts I negotiate. It is – usually – uncontroversial. And it can keep small problems from becoming claims.

I shot What Should Project Owners and Developers Understand About Architect’s and Engineer’s Professional Liability Insurance? I find myself explaining this often during contract negotiations. PL insurance protects owners and developers. It writes the checks they cash when designers make mistakes. Uninsurable contract terms are bad for everyone.

Designers should expect more from attorneys assigned by PL insurers, so I shot What Should Architects and Engineers Ask Lawyers Assigned to Defend Them From Design Negligence Claims? Their interests are too frequently misaligned. This video sets out four questions designers can ask to help advocate for their business interests.

Here’s another short video for my designer friends: Why Is “Pre-Claim Assistance” Under Professional Liability Insurance Policies So Valuable to Architects and Engineers? It explains how those who face brewing disputes can have their cake and eat it too: both getting help from an insurer-assigned attorney, while not incurring an out-of-pocket deductible.

I also added three new blogs to my website: #1 – How Guided Choice Mediation Achieves Earlier Settlements of Design and Construction Disputes, which is about early and cost-efficient dispute resolution. #2 – The Advantages of Private Arbitration Over Public Court Litigation a/k/a Keep Your Private Disputes Private. And #3 – Courts Often Favor Arbitration Over Litigation, which quotes the Illinois Supreme Court characterizing arbitration as “an effective, expeditious, and cost-efficient method of dispute resolution.” Arbitration is no panacea, as I wrote in May. But its many advantages over court litigation are hard to ignore.

CAUTION: If you hire Interior Design work using AIA Contract Documents, take note: the familiar B152-2007 will be retired TODAY, November 30, 2020. It is time to use the new B152-2019. I describe its – considerable – differences from its 2007 predecessor in this post: The B152-2019 Interior Design Agreement: Important FF&E Changes.

My clients are Architects and Engineers, Real Estate Developers, Property Owners and Contractors. My mission is to help people who design and construct buildings enter into good contracts, avoid disputes, and have their expectations met with ‘win-win’ outcomes. I price legal services based on value provided, not just hourly billing, to further that mission – and to make legal advice available to more people in design and construction.

I am also happy to provide this monthly e-newsletter, with links to my video library, blog posts, and firm news, plus tips and info about design and construction law, picking the right project delivery method, negotiating good contracts, proactive dispute avoidance and, when necessary, mediation, arbitration, and litigation.

I never intend to intrude on your inbox. If you wish to unsubscribe, simply hit the unsubscribe button below. Thank you for your support of my firm (which turned one year old in October)!