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BAKER LAW
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Kaya, our pandemic puppy, has really grown up since she joined our family around a year ago!!

I added four videos and an article to my website since my last newsletter…

I recently shot Why Is Terminating a Design or Construction Contract Like Defusing a Bomb? because I wanted some newsletter 🔥 Clickbait 🔥 – joking! Seriously though, don’t accidentally cut the ‘red wire’ instead of the ‘blue wire’ when terminating contracts.

Since MEP/FP systems are commonly designed and built by subcontractors, I shot What Do Smart Project Owners Understand About Design-Build MEP/FP? Two big things. Ensuring owners get the MEP/FP system they need. And, key contract and insurance issues.

“Betterment” is a little understood concept in design and construction, so I made a short video entitled What Is Betterment - The "No Free Lunch" Rule - In Design and Construction? It makes a key distinction between design “omissions” and “errors,” which are totally different.

A recent owner RFP for design to fix ADA issues shocked me. It conflated the owner’s and architect’s roles, and led me to shoot The ADA's "Readily Achievable" and "Readily Accessible" Standards - What Do Owners and Architects Need To Know?

Since I was thinking about the ADA and FHA, I also wrote a post entitled Helping Clients Comply with Accessibility Requirements: Lessons from the Trenches Accessible design and construction requirements are complex. They lead to different species of claims than is typical in design and construction. And, their obligations are often – gasp! – nondelegable by contract.

That ADA / FHA accessibility post is modeled partly on a book chapter, Responsibilities and Liabilities of Architects and Engineers for Construction Failures, which I co-authored in 2018, and is available at the link above.

I also updated Considerations in Suing an Architect, “Chapter 35” of “Construction Checklists – A Guide To Frequently Encountered Construction Issues, published in 2008 by the American Bar Association Forum on the Construction Industry. My 2021 update addresses BIM and Digital Data, and other developments. The 2008 version is linked above.

Wow, my hand hurts from writing!

In firm news, I appeared on the CenterStage Podcast, and look forward to sharing my episode in next month’s newsletter. My firm had two other milestones. I started the process of hiring attorneys and partners (which has been COVID-delayed). And, in February alone, my website had over 1,000 “first time” users, a single month record! 💪💪

PS, still can't believe I care about websites. They didn't teach that in law school.

We recently reorganized my Video Library, sorting dozens of videos into these categories to make it more user-friendly: Videos for Design Professionals, Videos for Project Owners and Developers, Dispute Resolution Videos, and Contract Negotiation Videos! Please check it out!

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, recent blog posts, and firm news, plus tips and information 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!

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Video of the Month
THE ADA’S “READILY ACHIEVABLE” AND “READILY ACCESSIBLE” STANDARDS – WHAT DO OWNERS AND ARCHITECTS NEED TO KNOW?
LATEST BLOGS
HELPING CLIENTS COMPLY WITH ACCESSIBILITY REQUIREMENTS: LESSONS FROM THE TRENCHES
Some of the scariest risks I have helped clients address – in terms of potential claim value, meeting exacting performance requirements, and the inability to transfer risk by contract – relate to “accessibility standards,” like Americans with Disabilities Act (ADA) and Fair Housing Act (FHA)...

Jeremy Baker
Founding Attorney
QUOTE OF THE MONTH
Once you choose hope, anything's possible.
-Christopher Reeve
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DISCLAIMER: This publication has been prepared for the general information of clients and friends of the firm. It is not intended to provide legal advice with respect to any specific matter. You should consult an attorney for advice regarding your specific matter. Under rules applicable to the professional conduct of attorneys in various jurisdictions, it may be considered attorney advertising material. Prior results do not guarantee a similar outcome. JEREMY IS ONLY LICENSED TO PRACTICE LAW IN ILLINOIS