Manion Stigger to Present at AGC’s Construction Environmental Conference

On September 13, 2017, construction law attorneys A.J. Manion and Jean M. Terry will present a seminar entitled “Green Infrastructure and the Evolving Standard of Care” at the AGC’s Construction Environmental Conference.  The presentation will review roles and responsibilities in the emerging world of green infrastructure and discuss the legal obstacles encountered in this field.…

Details

New AIA Documents released on April 28, 2017

On Friday, April 28, 2017, the AIA will release new editions of its Owner-Architect Agreements as well as the General Conditions of the Contract for Construction (A201).  This revision follows the AIA’s practice of updating documents on 10 year cycles thus this is the first such update since 2007.  With an enthusiasm typically reserved for…

Details

Best Practices for Managing Construction Documentation Seminar

On April 19, 2017, construction law attorneys and former engineers, A.J. Manion, Jean M. Terry, and Daniel E. Fuchs will present a seminar entitled “Best Practices for Managing Construction Documentation” at the Kentucky Society of Professional Engineers’ Annual Convention.  The presentation will discuss the maintenance of construction project files, the protection of confidential information, and…

Details

At Manion Stigger, We Know Construction

The construction industry is a business unlike any other.  As a result, construction professionals need legal counsel that is specialized to their industry.  While some may assume that a business law attorney may be sufficient, this attorney may lack the experience and knowledge necessary to understand the particulars of construction law and the realities of…

Details

Record Retention and Destruction Policies Are Key Tools to Managing Risk in your Construction Business

Our discussion of how personal devices can become problematic during the discovery phase of litigation is a perfect example of the necessity of the development and implementation of a Record Retention and Destruction policy.  With today’s vast electronic capabilities, contractors have the ability to retain every document, every email, every drawing, every text message, etc. regarding their projects.  However, retaining all these records is not only expensive and arduous but could also open up your company to potential legal liability.

Details

Sustainable Design and the Evolving Standard of Care

“Green,” “sustainable design,” and “high performance” are merging in the design/construction context as terms synonymous with a process that is intended to benefit the environment, offer health and well-being to end users and provide long-term cost savings.  New certification systems attempt to define, and often place different parameters around, what is “sustainable.” Many of these requirements are finding their way from being voluntary to mandatory as they are being incorporated into various infrastructure projects, regulations, planning codes, and design requirements.  For example, in 2014, the District of Columbia adopted the 2013 D.C. Green Construction Code and 2013 D.C. Energy Conservation Code, which increased the types of projects subject to green requirements and heightened the green standards these projects must meet.

Details

Contractor Default Insurance Explained by a Construction Law Attorney

For the mega-project, a construction manager or general contractor may consider alternatives to surety bonds for its subcontractors and trades. Bond premiums, scope overlap, and notice requirements make a defaulting subcontractor into a management nightmare. A popular alternative is contractor default insurance (sometimes referred to as subcontractor default insurance). Contractor default insurance is a first-party…

Details

The Dangers of Personal Technology and Electronic Discovery

Written communications are necessary to any well managed construction project.  Often, our thoughts and intentions are communicated electronically, either through email or text messages.  The purpose of written communications are twofold – to clearly express the position taken to the recipient and to create a record of the position taken.  To a lawyer, the record created is a potential exhibit in any litigation.

Details