Jeremy Baker selected as Leading Lawyer again in 2023

Jeremy has been named a Leading Lawyer in Construction Law for 2023. This is the sixth 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 have been practicing for less than 10 years. Recommended by peers in a Read More

Jeremy Baker recognized as 2024 Illinois Super Lawyer by Thomson Reuters 6th Consecutive Year

Jeremy has been named among the top 5% of lawyers in Illinois with his inclusion in Thomson Reuters’ 2024 list of Illinois Super Lawyers. Jeremy was recognized for his work in Construction Litigation and Alternative Dispute Resolution, marking his sixth 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

Is It Worth Pursuing a Construction Claim in Chicago?

This article first appeared in Thompson Reuters Construction Accounting & Taxation, July/August 2009 - Vol.19, No. 4, and is reprinted with permission. Is it worth pursuing your construction claim? The decision to proceed may not be clear-cut. This post analyzes some factors potential claimants should consider when determining whether to file a lawsuit or demand for arbitration.  I wrote the Read More

Understanding The New Role of the AIA Forms Digital Practice Documents

The AIA’s 2013 Digital Practice Documents play a prominent – yet little understood – role in the AIA’s newest Contract Documents. While previously optional, Digital Practice Document use is now expressly required by the unedited standard form language of the Owner-Architect Agreement (B101-2017), Owner-Contractor Agreement (A101-2017), General Conditions of the Contract for Construction (A201-2017), Read More

Business Considerations for Owners and Architects Regarding AIA B101-2017 Documents

The AIA’s “new” B101-2017, the latest version of its flagship Owner-Architect Agreement, carries over concepts from its widely-used predecessor, B101-2007. Users of the 2007 form will find the 2017 revision familiar. But the new B101-2017 is different in important and subtle ways, and some of its changes may be controversial. Architect and Owner users of the B101 form may, therefore, wish to reconsider and refresh Read More

Considerations for Drafting Contractual Dispute Resolution Provisions in Chicago

Written by Jeremy S. Baker - Dispute resolution clauses in contracts should be drafted to promote the negotiated resolution of disputes in a fair, timely, and cost-effective manner before the parties must resort to binding dispute resolution methods, such as arbitration or litigation, which are expensive and hurt business relationships. This article summarizes considerations for drafting contractual Read More

What are the Advantages of Private Arbitration Over Public Court Litigation?

Discover the advantages of private arbitration over litigation in a court of law. Private arbitration provides several benefits, including its predominantly private nature. Unlike public court litigation, arbitration ensures confidentiality without leaving behind a public record of filings, preserving the privacy of the involved parties. Explore the advantages of arbitration and how it offers a favorable alternative Read More

Beware the “One Year” Warranty: Contractor Callback Periods v. Warranties of Quality Work

Contractor “callback periods” and “warranties of quality” are different concepts. The distinction between them is a little understood – yet very important – nuance in construction contracts.  Callback periods frequently do have a contractual expiration date, often one year after the completion of work. This limits the time when contractors must voluntarily come back to the site to fix defects. Warranties of quality Read More

AIA’s New 2019 Construction Manager as Constructor (CMc) and Construction Manager as Adviser (CMa) Contract Documents

Construction Management (CM) is not a single approach to project delivery. Rather, it is a sliding scale with endless possible permutations depending on the project and its participants.  The ends of the spectrum are Construction Manager as Constructor (CMc), which is also sometimes known as “Construction Manager at Risk,” and the Construction Manager as Adviser (CMa) delivery method.  This post discusses the 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