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 Read More
Jeremy Baker inducted into the prestigious Society of Illinois Construction Attorneys
Admission to the Society of Illinois Construction Attorneys (SOICA) is by invitation only. Its ranks include distinguished former judges, highly regarded mediators and arbitrators, and attorneys who are widely considered to be at the top of the Illinois construction law bar. “Joining SOICA has been an important goal of mine for 15 years,” says Jeremy. He is “excited to continue to work with the SOICA members – the Read More
The Hidden Benefit to Thoughtful Contract Negotiations
The very act of two project participants coming together to thoughtfully negotiate a design and construction contract has a benefit unto itself – one that is separate from the piece of paper produced at the end of the contract negotiation. Why Are Good Contracts Important for Design and Construction Projects? Speed and Efficiency When I negotiate contracts, my goal is to complete the negotiation quickly and Read More
Accessible Design Requirements: Worthy Aims, Huge Risks for Design Professionals
Design professionals must comply with a variety of federal, state, and local statutes, rules, and codes, or accessible design requirements, that require certain public and commercial buildings to be designed in a manner so they are readily accessible to, and usable by, persons with certain kinds of disabilities. Accessible Design Requirements Such “accessibility requirements” address things like ensuring persons in Read More
Jeremy Baker to Present Seminar “Using Mechanics Liens to Get Paid in the COVID-19 Era” Friday, September 25th
Mechanics liens are a powerful tool to help secure payment on Illinois projects. In turbulent economic times, liens can be particularly useful to architects, engineers, and contractors concerned about their clients’ willingness – or ability – to pay for design and construction services. Liens can sometimes motivate project owners and lenders to pay for design and construction services. Claimants who meet certain Read More
Design Professionals Should Not Be Afraid to Lead Design-Build Teams
For years, lawyers and insurance brokers have provided limiting advice to architects and engineers. The Limiting Advice To Engineers & Architects Together, we have put architects and engineers in a tiny little box. We advise architects and engineers to stay far away from the means and methods of construction. To not make promises about the outcome of the project. To give no warranties. No assurances about Read More
What Is the Best Length for Design and Construction Contracts?
No one specific length is best for design and construction contracts. Project participants do, however, want to avoid overly short contracts with “gray” areas. The ones which do not address the major issues which may arise in the project. This is because design and construction contracts exist, largely, to resolve prevent and disputes. Design and Construction Contracts Are a Dispute Resolution Tool We must draft Read More
Project Owners Should Not Over-Rely On Title Insurer Review of Payment Applications
Real estate developers and property owners sometimes make a mistake by entirely outsourcing supervision of the monthly draw process to the title insurer hired by their lenders. But I counsel people against the over-rely on title insurer strategy. One of the big risks for Illinois project owners and developers is having to pay for the same work twice. I will not dwell on this point now because it is addressed in Read More
The AIA Document B152-2019 Interior Design Agreement: Important FF&E Changes
Compared to its widely-used B152-2007 predecessor, the new B152-2019 Interior Design Agreement contains many changes. The new B152 differs more, textually, from its predecessor than most updated AIA Contract Documents I have seen recently. Take Furniture, Furnishings, and Equipment, for example. The phrase and its “FF&E” abbreviation appeared just 21 times in the B152-2007. By contrast, the B152-2019 contains Read More
Arbitrator-Directed Arbitration: A Proposal To Improve Construction Arbitration
This article first appeared in the Construction Law Newsletter, Volume 35, Number 5 (May 2019), co-authors Mark C. Friedlander and Jeremy S. Baker Arbitration was once the darling of the construction industry, with parties intentionally sacrificing the safeguards of litigation, and its expensive and inefficient procedures, in favor of fair, quick, and cost-efficient dispute resolution. Many in the industry, Read More
