David Taylor | BuildSmart I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of… Continue reading Mistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge During a Hearing
Category: Construction Law
Merely Copying In-House Counsel Does Not Necessarily Establish Attorney-Client Privilege
Jim Archibald | BuildSmart Businesses who employ in-house attorneys frequently assume that copying their lawyer on internal communications shields the communications from discovery because of the attorney-client privilege. In 1981, the U.S. Supreme Court articulated the rule that the attorney-client privilege protects communications (a) between attorneys and clients (b) that are maintained in confidence and… Continue reading Merely Copying In-House Counsel Does Not Necessarily Establish Attorney-Client Privilege
The Virtual Shift: Navigating the New Online Construction Litigation Landscape
Michael Holt and Erin Weinstock | Rumberger Kirk The landscape of construction litigation has undergone a seismic shift in recent years. Gone are the days of crowded hotel conference rooms for mediations and face-to-face depositions. Today, construction litigators find themselves navigating the complex terrain of virtual proceedings. This paradigm shift, accelerated by COVID-19, has introduced… Continue reading The Virtual Shift: Navigating the New Online Construction Litigation Landscape
Lawyers: Be Smart (and Ethical) With Those Smart Devices
Esquire Depostion Solutions Cameras and microphones are everywhere, capturing our movements and recording every sound within their reach. The cell phone, the voice assistant, the family car, the pet camera, even that new sous vide precision cooker. They’re all listening or watching. Nearly everyone is aware of these devices. But are we sufficiently aware of… Continue reading Lawyers: Be Smart (and Ethical) With Those Smart Devices
Forum Selection Provisions are not to be Overlooked…Even on Feder Projects
David Adelstein | Florida Construction Legal Updates Forum selection provisions are NOT to be overlooked. Ever. Treat them seriously. Even on federal projects where there is a Miller Act payment bond. Consider forum selection provisions on the front end when negotiating your contract. In a recent opinion, U.S. f/u/b/o Timberline Construction Group, LLC vs. Aptim Federal Services,… Continue reading Forum Selection Provisions are not to be Overlooked…Even on Feder Projects