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Reasons to Read
This month's issue includes information for litigators and in-house counsel facing issues relating to forensic discovery of electronically stored information, for class-action litigators, for those interested in an evolving means of construction project delivery, and for general contractors looking to manage risk.
I am also pleased to announce that my colleague Nora Loftus and I obtained a trial victory for a construction products manufacturer in Summit County (Ohio) Common Pleas Court. The Court agreed with our client's position that a coating failed because of the mis-use rather than a manufacturing defect. Follow this link to read the Court's decision.
As always, I appreciate the time you have taken to review this e-newsletter. Please feel free to contact me if you have any questions, comments, or suggestions for future articles.
Jim Dixon
216-515-1642
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Integrated Project Delivery Method Shows Promise Integrated Project Delivery ("IPD") is a project delivery method where the owner, designer, and builder share in a project's risks and rewards. The American Institute of Architects ("AIA") facilitates IPD through its 195-series of project documents, which include one agreement between the owner and the builder, another between the owner and the architect, and a common set of general conditions. In an article summarizing an AIA study of six IPD projects, Construction Advisor Today notes the criteria used to select appropriate projects for study, all of which highlight the goals of the IPD approach: "mutual trust and respect among participants; collaborative innovation; intensified early planning; open communication within the project team; building information modeling; lean Principles of design, construction, and operations; co-location of teams; and transparent financials." Follow this link for more information. |
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From the Blogs: Managing Subcontractor Risk Dan Phelan, an account executive at Construction Risk Managers in Hartford, Conneticut, publishes an informative blog called Fix Your Risk. He summarized a recent publication of the International Risk Management Institute, Inc. ("IRMI"), which echoes common advice we give on managing subcontractor risk: (1) work with those you trust; (2) pre-qualify at a higher level; (3) spread risk by diversifying subcontractor use; (4) watch for red flags (calls not returned, aged payables/receivables, drastically low bids); and (5) react promptly. |
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Tricks and Ploys Largely Fail to Avoid Purpose of Class Action Fairness Act. My partner Greg Farkas recently published an informative
article on class action litigation in the prestigious journal For the Defense, which is published by the Defense Research Institute. The 2005 Class Action Fairness Act ("CAFA") was intended to direct class action lawsuits to the Federal Courts. Noting that CAFA is having its intended impact, Greg provides insight into typical efforts made by attorneys in order to avoid jurisdiction and pointers for those defending against such tactics. |
