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Dispute Review Boards for Real-Time Dispute Avoidance and Resolution

Dispute Review Boards for Real-Time Dispute Avoidance and Resolution

Posted: March 1, 2020 | Legal

The use of dispute tribunals, generally referred to as Dispute Review Boards (or DRBs on major projects, has matured. Use of a DRB cannot guarantee elimination of post-project litigation, but when used properly, a DRB can be an enormously ef fective tool to avoid and resolve disputes rapidly and during construction.

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How Design-Assist Moves the Needle on Collaboration and How it Differs from Design-Build and IPD

How Design-Assist Moves the Needle on Collaboration and How it Differs from Design-Build and IPD

Posted: January 3, 2020 | Tradewinds, Legal

New technology, processes, and project delivery methods are quickly blurring the lines between design and construction. The barriers which formerly existed between design professionals and constructors, both physical and legal, are gradually being broken down. Where design, procurement, and construction were traditionally undertaken independently, now design, estimating, scheduling, planning, value engineering, and procurement can be performed simultaneously by a team of designers and constructors from many different companies.

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Get Your Contracts Lean — It’s Better than Dieting

Get Your Contracts Lean — It’s Better than Dieting

Posted: December 13, 2019 | Tradewinds, Legal

I recently took the AGC Lean Construction Educations Program Units 1-7. After studying diligently, I’m happy to say that I passed the exam and earned my CM-Lean credential. Surprisingly, this makes me the first attorney to earn this distinction out of over 1,200 CM-Lean holders. So why is a construction attorney learning about lean? After all, this was my first exam in 20 years since I took the bar.

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Expert Witness: Questions to Answer Beforehand

Posted: May 15, 2018 | Legal

On many occasions, as an independent cost consultant, I receive phone calls or emails from legal firms asking to retain my firm as a provider of cost opinions regarding their particular case or issue.

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Owners: Set the Foundation with a Better Design Agreement

Posted: March 22, 2018 | Legal

Often the first contract in a construction project is the contract between the ultimate owner of the project and the lead design professional – the architect or engineer – which sets the foundation for the entire project. Architects and engineers often suggest their preferred contract be based on an industry standard contract that becomes a legally-binding plan. That might not be the best contract for an owner. Before signing a contract, consider carefully some fundamental questions.

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