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Legal Advice

Get Your Contracts Lean — It’s Better than Dieting

Get Your Contracts Lean — It’s Better than Dieting

Posted: December 13, 2019 | Tradewinds, Legal Advice

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 Advice

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 Advice

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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LEGALLY SPEAKING:  Differing Site Conditions: Court Affirms Contractor’s Reliance on Owner-Provided Geotech Information

Posted: August 24, 2016 | Legal Advice

A recent opinion from the United States Court of Appeals for the Federal Circuit adds further support for contractors' reliance on owner-provided geotechnical data. The decision dealt, in part, with the Differing Site Conditions clause in the federal contract. Since many other standard contracts employ similar language in their Differing Site Condition clause, the decision may have some impact beyond federal contracts.

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