Ҵýapp is excited to announce the launch of our new Judicial Advocacy news feed, a dedicated resource that keeps you informed about our ongoing efforts in the courts to protect and advance the interests of the construction industry. This feed will provide real-time updates on Ҵýapp's legal actions and the critical issues we're addressing that could impact your business.
With the addition of two new federal bid protests, Ҵýapp is aware that four Ҵýapp-member construction firms have now filed federal bid protests objecting to project solicitations that require a project labor agreement (PLA). All four protests have led the government to voluntarily suspend the contract awards for the procurements while the protests are still pending. As reported recently in this article, the protests utilize a legal theory that Ҵýapp helped create with outside counsel at Fox Rothschild. All four protests are pending before the U.S. Court of Federal Claims.
Dispute Review Boards (DRBs) help avoid and resolve disputes. ConsensusDocs is offering an upcoming webinar on Dispute Review Boards (DRBs). All Ҵýapp members receive a discount. Learn how DRBs enhance project success and how you can use DRBs to create a “claim-free zone.” You will also learn critical practice pointers on how to set up a DRB to maximize its effectiveness. Register here.
When choosing between the American Institute of Architects (AIA) and ConsensusDocs design-build contract documents, owners and contractors must understand how each will yield vastly different results on critical issues such as managing timely and sufficient design services. Both ConsensusDocs and the AIA publish coordinated families of standard design-build contract documents. This article explores why ConsensusDocs offers more balanced provisions that better protect design-builders and owners, making it a more favorable choice for managing design services effectively.
With the addition of two new federal bid protests, Ҵýapp is aware that four Ҵýapp-member construction firms have now filed federal bid protests objecting to project solicitations that require a project labor agreement (PLA). All four protests have led the government to voluntarily suspend the contract awards for the procurements while the protests are still pending. As reported recently in this article, the protests utilize a legal theory that Ҵýapp helped create with outside counsel at Fox Rothschild. All four protests are pending before the U.S. Court of Federal Claims.
Deadline to submit proposals is September 9, 2024
Ҵýapp just released a must-read for construction professionals seeking to safeguard their projects and ensure successful outcomes: "Preventing and Managing the Risk of a Subcontractor Default - A Best Practices Checklist." This comprehensive checklist is designed to enhance your risk management strategy, covering key areas such as prequalifying subcontractors, using contracts to manage and reduce risks, and monitoring contract performance to mitigate defaults. It offers practical tips and actionable insights and was written by Ҵýapp’s Risk Management and Specialty Contractors Committees.
What do construction professionals really want from arbitrators, mediators, and dispute review board (DRB) members? Well, ConsensusDocs is hosting a series of ConsensusDocs webinars on July 16, July 18, and August 28 on alternative dispute resolution (ADR) procedures. Sign up and prepare by reading the article “Achieving ADR Success Through Practice and Experience: Survey Results of What Attorneys and Arbitrators Want in Construction Mediation and Arbitration" by Dean Thomson and Julia Douglass, which provides helpful data on the topic. Through comprehensive surveys and analysis, the authors identify gaps between theoretical assumptions and actual practices and preferences and offer insights into improving dispute resolution processes in the construction industry.
Arbitration serves the construction industry well because arbitration panelists, who preside over binding decisions in arbitration, possess familiarity and subject matter expertise in construction. Construction cases often hinge on technical and complex matters. Also, arbitration generally offers faster and less costly resolution than litigation. In recent decades, arbitration has been critiqued for becoming more resource-intensive, involving extensive discovery. Some have coined this “arbilitigation.” There are ways for parties to act as decision-makers to streamline the process. ConsensusDocs is offering a July 18th live webinar entitled “Unlocking the Advantages of Arbitration Over Litigation,” which you can register for here. The webinar will outline ways to use arbitration most efficiently.
The Ҵýapp's Contract Documents Forum's first ever Townhall, which is free to all Ҵýapp members and chapters, will take place at noon EST on June 4th. The townhall will include a presentation overview of the ConsensusDocs and American Institute of Architects (AIA) Contract Documents, as well as an open discussion on the topic. We will also share an interesting construction case law development and hear about volunteer opportunities and projects from the Ҵýapp Construction Law and Operations Committee.