Construction Law

Construction contracts can be an unholy mess with their often unique provisions that too often thwart predictability and fairness. The ConsensusDocs coalition of 40 industry groups has formed over the past nine years to counter this trend, and its latest update offers wide-ranging revisions for its 2016 Design-Bid-Build prime and subcontract agreements.

The acronym “BIM” is showing up more and more in our industry. Owners are requiring it on projects, countries are setting standards for it, and firms are touting expertise in it. But what is Building Information Modeling (BIM) and, as marketers and business developers, why should we care?

Go in depth on the troubles facing multiemployer pension plans, what is being done to address the growing problems, and what it all means for the construction industry and the economy at large on the latest episode of the ConstructorCast

<p>The U.S. Supreme Court issued a <a href="http://www.scotusblog.com/case-files/cases/united-states-army-corps-of-engineers-v-hawkes-co-inc/"><u>ruling</u> </a>that will allow landowners to challenge a U.S. Army Corps of Engineers determination that a jurisdictional “Waters of the U.S.” (WOTUS) is present on property where they want to build.&nbsp; A “jurisdictional determination” significantly impacts how land may be used, dramatically raises costs, and often reduces the feasibility of constructing critical infrastructure. AGC submitted a joint “friend of the court” brief in the case, US Army Corps of Engineers v. Hawkes Co., making a strong case for why it is vital for contractors to know with certainty whether their property contains a WOTUS. The Court’s findings closely track the points AGC argued in <u><a href="http://www.scotusblog.com/wp-content/uploads/2016/03/15-290-bsac-American-Farm-Bureau-Federation.pdf">its joint amicus brie</a>f</u>.&nbsp; AGC was the only trade association to advance the commercial construction industry’s interest in the outcome of this case and, once again, AGC has succeeded in changing facts on the ground. This decision will have a material impact on the way that the Section 404 permit program actually functions.</p>