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
They Don’t Call It the “Critical Path” For Nothing: Delay-Related Claims For Extra Time and Money
Portions of this post first appeared in “Article 8, Time,” Chapter 8 in The 2017 A201 Deskbook, American Bar Association (ABA) Forum on Construction Law (2017), co-author Jeremy S. Baker Benjamin Franklin famously quipped “lost time is never found again.” While building projects can be accelerated to recover lost time, this aphorism reveals a truth of the construction industry: proper time and schedule management can Read More
PROJECT DELIVERY METHODS FOR DESIGN AND CONSTRUCTION
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
Jeremy Baker Featured on The Quit Getting Screwed Podcast
It's time for another breakdown of lien laws in the U.S.! This week, Karalynn is taking a trip back to her home state of Illinois with Jeremy Baker, a clever and committed construction attorney in IL. From your Illinois lien timelines to when you are allowed to send notice for your liens, Jeremy has a lot of excellent insight into how Illinois contractors can ensure they are properly paid for their work. Jeremy Read More
Jeremy Baker Featured on The Law Entrepreneur Podcast
Starting your own practice isn’t something they teach in law school. Join me as I sit down with legal professionals to hear firsthand accounts of just how they did it. In this episode, Neil and Jeremy discuss: Lessons for moving into your own solo firm from a big law firm. Digging deep into the tools that you have. Challenges of opening a new, solo firm. Implementing processes in your law firm (even if you 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’ 2022 list of Illinois Super Lawyers. Jeremy was recognized for his work in Construction Litigation and Alternative Dispute Resolution, marking his fourth 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
Guide to Frequently Encountered Construction Law Issues: Helpful Tools for Construction Lawyers
The construction lawyer regularly faces a wide variety of legal issues, some of which are not often seen in their law practice. Construction lawyers have long used checklists as a quick reference tool for drafting contracts, litigation, and providing advice to clients. The ABA Forum on Construction Law The ABA Forum on the Construction Industry has drawn on the expertise of its members to present a unique Read More
Jeremy Baker Featured on The Maximum Lawyer Podcast
In this episode, Jeremy chats with Jim and Tyson about the journey of leaving the big law firm and going solo. If you’ve been thinking about making a similar move, this episode talks about Jeremy's experience, journey, and advice. 4:40 things to do 7:30 tools and resources 10:01 substantive work 13:00 hiring 18:00 clientele 20:05 five years from now Jim’s Hack: Every dollar is not created equally - sit down and Read More
