ILLINOIS MECHANICS LIENS / COVID-19

Seeing the Big Picture: Best Practices for Contracting and Risk Management

On April 14, 2021, Jeremy will present “Seeing the Big Picture: Best Practices for Contracting and Risk Management” in the Construction Management Association of America (CMAA) and American Bar Association (ABA) Forum on Construction Law. This presentation focuses on how you can protect your project with carefully crafted contract requirements and a better understanding of construction insurance. The link to Jeremy’s Read More

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).  Some of the largest dollar value claims I have defended – setting aside those arising from “mega projects” costing north of Read More

Jeremy Baker selected as Leading Lawyer for fifth consecutive year

Jeremy has been named a Leading Lawyer in Construction Law for 2021, marking his seventh consecutive year of recognition by Law Bulletin Media. This is the fifth year that Jeremy has been named a Leading Lawyer, which recognizes the top 5% of licensed attorneys in Illinois. Before that, he was recognized for two years as an Emerging Lawyer, identifying him among the less than 2% of lawyers in the state under 40 or Read More

Jeremy Baker recognized as Illinois Super Lawyer again by Thomson Reuters

Jeremy has been named among the top 5% of lawyers in Illinois with his inclusion in Thomson Reuters’ 2021 list of Illinois Super Lawyers. Jeremy was recognized for his work in Construction Litigation and Alternative Dispute Resolution, marking his third consecutive year as a Super Lawyer. He was honored by Thomson Reuters five times previously as an Illinois Rising Star - an attorney 40 years old or younger or who Read More

PROJECT DELIVERY METHODS FOR DESIGN AND CONSTRUCTION: MORE THAN YOU EVER WANTED TO KNOW

This post is about “designing” the web of contracts for design and construction projects. That web is called a “project delivery method,” and there are many ways to engineer that web of contracts. The article is not about claims or disputes. Not overtly, at least. It does, however, have a decided “dispute resolution” overtone because good project delivery methods and contracts can minimize disputes. GOOD PROJECT Read More

Construction Contracts Primer: What Real Estate Attorneys Should Know

On December 10, 2020, Jeremy will present “Construction Contracts Primer: What Real Estate Attorneys Should Know” to The Chicago Bar Association’s Real Property Law Committee.  This presentation focuses on the importance of giving thoughtful consideration to the project delivery method, their insurance ramifications, and construction pricing issues, all before selecting the type of design or construction contract.  Read More

Courts Often Favor Arbitration Over Litigation

The choice between arbitration and court litigation complicated. Arbitration is no panacea. Some disputes are definitely better suited to litigation in a court of competent jurisdiction than arbitration. However, Illinois courts and law are no longer hostile to arbitration, and recognize its many advantages. Illinois law and Illinois Courts Favor Arbitration. Our Supreme Court has characterized arbitration as “an Read More

Advantages of Private Arbitration Over Public Court Litigation

Private arbitration has several advantages over litigation in a court of law. One is that arbitration takes place mostly in private. Unlike litigation, which is conducted in public and leaves behind publicly-available records, arbitration typically does not leave behind a public record of filings which could embarrass the parties involved in the dispute. Arbitrators Know Design and Construction Arbitration enables Read More

How Guided Choice Mediation Achieves Earlier Settlements of Design and Construction Disputes

A version of this article first appeared in the Construction Law Newsletter, Volume 34, Number 3 (January 2018), coauthors Paul M. Lurie and Jeremy S. Baker Want to Resolve Design and Construction Disputes Quickly? Clients have spoken, and their in-house counsel, lawyers, and mediators now understand that clients want their disputes resolved quickly — faster than they typically are in traditional mediation and Read More

Fixed Fee v. Cost-Plus GMP: Which is Best?

There are good reasons for real estate developers and project owners to prefer a “Fixed Fee” approach over a “Cost-Plus-Fee-up-to-Guaranteed-Maximum-Price (GMP)” approach to paying for construction work. But Cost-Plus GMP Contract Agreements have many virtues as well. Which is best? There is no one correct answer. Much depends on the project-specific goals. What does the developer or project owner most highly value? Read More