This is Cocoa, my wife’s ride. It hauled our 4 kids to S. Florida for Spring Break in March. In Sept, it hauled our 34’ camper beyond cell service to northern Minnesota. In six months, it rolled the whole country, north-to-south, a round trip of 3,800+ miles… Cocoa is not decorative! 🌴 ⛺️
I added 4 videos to my website in March...
I shot How Do You “Fast Track” a Project - Without Giving the Contractor a Blank Check? Project owners can get a shovel in the ground before design drawings are complete… without having to pay the GC for all its costs, and with the protection of a price cap.
Since they are common in construction contracts, I shot Do “Pay-If-Paid” and “Pay-When-Paid” Clauses Defeat Payment Claims Under Illinois Law? The answer is yes…kinda. They are occasionally enforced by Illinois judges, but some kinds of claims are immune.
The way we use, transmit, and rely upon Digital Data is changing rapidly, so I shot How Should Architects and Engineers Think About Sharing Their Digital Work Product? I predict it will take a decade for design law and contracts to catch up with modern practices.
I needed to vent frustration, so I shot What’s the #1 Thing I Wish People Understood About Preparing Design and Construction Contracts? Spoiler: I can’t land your airplane, but I can help you strike a balance between ‘too heavy’ and ‘too light’ contracts.
My suspicion? If you conduct a “post-mortem” on most claims, I bet you could trace the claim-causing problem back to a faulty project design. When I say faulty design, I mean the wrong project delivery method. The wrong contract forms, with the wrong terms. The wrong insurance specifics. And the wrong mentality.
In firm news, I appeared on the CenterStage Podcast – in Going Solo with Attorney Jeremy Baker – to discuss my journey from “big law” partner to launching my own firm. 18 months in, I’m having a blast! Close friendship with my former Schiff Hardin LLP colleagues continues to be a huge part of all things good!
In other news, am updating a few chapters I co-wrote in Construction Dispute Litigation (IICLE, 2018 Edition): Ch.1: Responsibilities and Liabilities of Architects and Engineers for Construction Failures; Ch.19: Nonbinding Alternatives to Court Litigation for Resolving Construction Disputes; Ch. 20: Arbitration. At 50 single-spaced pages, the Arbitration chapter might be my most thoroughly researched writing!
We recently reorganized my Video Library, sorting 60-some videos into four categories: Contract Negotiation Videos, Videos for Design Professionals, Videos for Project Owners and Developers, and Dispute Resolution Videos! Please check it out!
My clients are Architects and Engineers, Real Estate Developers, Property Owners and Contractors. My mission is to help them enter into good contracts, avoid disputes, and achieve ‘win-win’ outcomes. I price legal services based on value provided, not just hourly billing, 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 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, if necessary, mediation, arbitration, and litigation.
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