In this episode we discuss the False Claims Act and its impact on the construction industry. Our guest is Chelsea Cullum, Executive VP, Forensics with Vertex in Washington, DC. She is a forensic accounting and quantum expert with a particular focus on government contracts, including analyzing and testifying with respect to false claims. Together we discuss the potential hazards and emerging trends with claims based on government contracts, including the most common types of claims that impact public construction projects ..read more

In this episode we discuss autonomous vehicles and their impact on the construction industry. Our guest Tony Lathrop of Moore & Van Allen in Charlotte, NC addresses this topic using his many years of experience in his firm’s Transportation, Infrastructure & Logistics and Litigation groups and in leadership on the North Carolina Board of Transportation since 2017. Together we discuss the current capabilities and future of autonomous vehicle technology, its potential to transform many aspects of the construction industry and some interesting legal questions that arise as a result ..read more

In this episode we discuss a topic that is familiar to many of our listeners—construction case and claims investigation—but with a focus on some innovative ways to consider and pursue information. Our guest Mark Becker at Fabyanske, Westra, Hart & Thomson, P.A., addresses this topic using his years of experience in the construction litigation field and on related topics of discovery, “document review,” effective use of experts, studies, subpoenas, FOIA requests, software review and depositions to gather the best information toward winning your case ..read more

In this episode we explore the issues raised and opportunities presented by the infusion of Private Equity money in the construction industry and resulting issues in the field of construction law. Our guest Benton Wheatley addresses this topic using his years of experience in the area and on related topics of construction project financing, contracting, management and claims. Benton also provides an overview of practical tips and frequently encountered problems including ethical issues for lawyers practicing construction law in this era of increased private equity participation.  ..read more

In this episode we discuss double blind mediation techniques—and best practices for lawyers who participate in construction claims mediations. Accomplished construction lawyer and mediator Mark Heley addresses this topic. Together we explore the mediation of larger multi-party cases, how double blind mediation processes can help to solve disputes and the upsides and downsides of this approach ..read more

In this episode we discuss DRBs—Dispute Resolution Boards—and best practices for experts and lawyers who participate in them. Engineer and expert Joe Siebold from Arcadis addresses this topic. Together we explore the range of processes undertaken by DRBs, their best uses including quarterly reviews and ways to stop disputes before they start. Joe describes the work that experts can perform, potential pitfalls for parties presenting to DRBs, and issues to look out for as lawyers, including whether DRB rulings and recommendations are binding or admissible in subsequent litigation ..read more

In this episode we discuss BIM-Building Information Modeling systems, legal issues implicated by BIM and best practices for lawyers in contracting and in working with professionals who use BIM every day. Construction lawyers Kristine Kubes, owner of the Kubes Law Office in Minneapolis, and Jimmy Germano, Senior Manager and Counsel-Contract Documents at AIA discuss this topic, including potential contractual and negligence issues associated with BIM, how AIA has dealt with BIM in its form contract documents, other legal issues involving ownership of the BIM model and whether BIM is a contract d ..read more

In this episode we discuss the second edition of the "Construction Checklists" book (2022)—one of the ABA Forum on Construction Law's newest books and an excellent addition to the organization's catalog of useful resources. Construction lawyers Terry Brookie and Misty Gutierrez discuss their role as editors (along with co-editors Eric Berg and Carrie Okizaki), the content and process for developing the book, and some practical ways in which construction lawyers and other industry participants will benefit by using the book.   ..read more

This podcast is about Cyber Insurance. In a business environment in which construction industry participants face the daily threat of cyber-attacks by way of ransomware and malware, and the potential for data breaches as well, insurance products have stepped in to provide protection. Our guest Kent Collier, Senior Vice President at Greyling Insurance Brokerage & Risk Consulting, tells us about the range of options for responsive insurance products that may cover liability for cyber threats. We address specific instances of how insurance responds to attacks, how the industry is changing due ..read more

This podcast is on Early Dispute Resolution (EDR)—a form of alternative dispute resolution that is becoming more widely used to resolve construction industry disputes. EDR seeks to resolve complex commercial disputes within 30-60 days with an outcome equivalent to those reached after full motion practice or trial. Our guests are Brett Henson and Peter Silverman of the Shumaker law firm. Brett and Peter describe the goals of EDR, its use in practice and some aspirational commentary about EDR becoming the standard resolution practice for a wider range of construction disputes ..read more