ABA Forum on the Construction Industry

The discussion will include the panel members’ thoughts, tips, and insights regarding effectively avoiding and resolving disputes that involve construction projects in Latin American countries, including issues and cultural practices unique to projects in those countries. Regardless of whether such issues might arise in your practice, our experienced panel will provide interesting insight applicable to any construction dispute. Panelists are Roberto Hernández García, of COMAD, S.C.; Jerry P. Brodsky of Peckar & Abramson, P.C.; and Andrew J. Markus of Carlton Fields.

We are pleased to welcome Dr. Thom Neff, P.E., Principal Manager of GHD, Inc., the engineer in charge of all geotechnical and environmental aspects of the “Big Dig,” and Dr. Gary Brierley, P.E., President of Brierley & Associates, the geostructural engineer for the tunnel portion of the “Big Dig.” The Central Artery/Tunnel Project (CA/T), known unofficially as the “Big Dig,” was the most expensive highway project in the U.S. with construction costs up to $24.3 billion. The project included rerouting Boston’s Central Artery (the chief highway through the city) into a 3.5‐mile tunnel. Thom and Gary will discuss the Big Dig from the point of view of engineering accomplishments and the positive impacts for the City of Boston, including the engineering challenges they faced associated with bringing Boston’s chief highway underground. The presentation will illustrate the spectacular process of construction as it unfolded.

A panel of long-term and newly-installed corporate counsel discuss how they came to in-house practice, the environments in which they serve their clients, and how their work has changed in the transition form outside to in-house. Large and small companies; owners, contractors and designers; large, small and solo construction law departments; general and specialty practice – these are some of the possibilities that in-house practice offers. Significant proactive involvement with ongoing business decisions and management of outside counsel are only part of the job description.

The Venetian Resort, Aladdin Resort & Casino, Resort at Summerlin, CityCenter Resort, Fontainebleau Las Vegas. Fro visitors to Las Vegas, names such as these bring thoughts of bright lights and good times. But for Nevada’s construction lawyers, they bring up thoughts of legal wrangling, bizarre fact patterns and knee jerk reactions from industry and legislature. In the last 15 years, major construction disputes over these and other projects have changed the law on Nevada construction significantly. Veteran Las Vegas construction lawyer Leon F. Mead, II of Snell & Wilmer, LLP will provide us with an eyewitness account of these problems and the legislative reactions that make Nevada on of the quirkiest jurisdictions in which to navigate construction law.

The panel discussion will include many topics, including personal thoughts and insights as to effective (and ineffective) mediation strategies, some unique features of Nevada law and procedures with respect to handling construction cases and mediation in particular, the differences between mediating residential and commercial cases, insurance issues and thoughts on dealing with adjustors, coverage issues, etc., the use of experts in the mediation process, and several additional topics. The distinguished panel will surely provide valuable insight that will assist everyone from young attorneys to the most experienced litigators handle their next mediation. Justice William Maupin, former Chief Justice of the Nevada State Supreme Court; Honorable Susan Johnson. District Court Judge in Clark County, Nevada (one of three judges in Clark County assigned to handle all of the construction defect cases); and John Naylor, partner at Lionel Sawyer, who practices primarily in commercial construction litigation.

Division 3/Design is pleased to present a moderated panel discussion to explore some of the major challenges and changes encountered by an architect or engineer embarking on a P3 or Lean Construction Project. Justin Weisberg, incoming chair of the EJCDC and Chair of the EJCDC P3 Task Force, will moderate a discussion with Joe Seibold, Executive Vice President of Arcadis and former President of CMAA, and Raj Daswani an Associate Principle of Arup, who is currently involved in a 1.5 billon dollar hospital project using Integrated Delivery Concepts and Lean Construction Principles.

Jim McLamb, a Sr. VP with Clark Construction Group, will speak on Clark’s Carsland project for Disney, which employed many innovative features from Lean Construction and Integrated Project Delivery, but using a traditional GM form of contract. He will describe Disney’s decision making process, and their decision not to use the IPD form of agreement. He will reflect, and we will discuss whether anything extra is to be gained by entering into a Full IPD agreement with subs joining in a formal risk pool, or whether the Lean Project tools provide all the benefits to be had, even with a traditional GMP agreement.

The National Labor Relations Board has new members and a new legal perspective. The Board has adopted new case-handling procedures, is attempting to require new posting obligations, and is developing new and more aggressive interpretations of longstanding statutory language. The challenges for union-free and unionized employers are significant. Learn about these changes and how to comply with the law while reaching your organization’s labor and employee relations objectives. Danny Jarrett, managing partner in the Albuquerque office of Jackson Lewis LLP will be the speaker.

Would you like to leave Boston knowing more about Professional Liability Insurance? If so, this program is for you. There are an increasing number of options available to project participants to insure against design risk and this program will leave the attendee in a position to know more about the options available to your client whether they are Owners, Contractors or Design Professionals. Program speakers are Suzanne Harness, a principal with Harness Law, and Keith Jurss, a Senior Vice President – Professional Liability with Willis’ National Construction Practice.

There is a growing funding crisis in transportation infrastructure in the United States due to the shortfall in public funds and the aging condition of these assets. At the same time there is an ongoing financial crisis and recession in the global economy. These crises are fostering a new importance for public‐private partnerships (PPP). PPPs can attract new funding sources and improve project delivery and timing, by utilizing innovative financing and integrated contracting methods. PPPs can vary from a simple design‐build contract to a privatization of a facility with many variations in between.

Cecilia Vidigal Monteiro de Barros of Motta, Fernandes, Rocha Advogadas, Sao Paulo, Brazil will speak on the topic emerging market and infrastructure projects in Brazil.

As owners (public and private) become increasingly aware that long term operations and maintenance (O&M) costs are 10 times that of initial delivery (design and construction), design and construction firms are increasingly participating in ventures with operators, equipment suppliers, and a range of financing partners. Our breakfast program will consider and discuss how industry structure is evolving, along with effects on the nature of contracts, and the roles of sureties and insurers. Dr. John B. Miller of the Barchan Foundation will present.

This presentation will focus on the practical "do's and don'ts" when submitting a payment bond claim to a surety. The emphasis will not be on a discussion of cases, but rather the necessary steps that must be taken to properly and efficiently submit a claim for proper consideration. Bradford R. Carver and Jonathan C. Burfood, partners in the Boston office of Hinshaw & Culbertson LLP, will present.

The informative presentation by Logan Hollobaugh on the topic: “A Primer in International Green Construction”, which provides an overview and comparison of the various green building systems used internationally (LEED, Green Globes, CASBEE, BREEAM, DGNB and Green Star) and the relatively new International Green Construction Code.