Why BIM hasn’t become too much of a factor in construction claims and disputes, so far…

RICS, the UK Royal Institute of Chartered Surveyors, is ramping up their focus on Building Information Modeling (BIM) and its impact on the building industry. I found this recent article interesting: The adoption of BIM and the subsequent BIM revolution, continues to have a major impact on every element of the construction industry – changing … Continue reading Why BIM hasn’t become too much of a factor in construction claims and disputes, so far…

Canada: Crumbling & cracking concrete cladding causing concern

Vancouver, British Colombia played host for a couple decades to a dramatic uprising of concrete-clad condos that permanently altered the city’s skyline. Developers rushing to sell units to (oftentimes  foreign) investors and empty-nesters cut corners, leading to years of litigation followed by tougher standards and improved oversight — particularly regarding the building envelope. Despite the … Continue reading Canada: Crumbling & cracking concrete cladding causing concern

How to manage the increasing complexity of today’s Construction Claims and Disputes

Last week I was honored to once again have the opportunity to write a guest post for Virginia construction lawyer and mediator Chris Hill’s Construction Law Musings. The title of the post: Hard to Handle. The subject: How to manage the increasing complexity (and costs) of today’s construction claims and disputes. Continue reading “How to manage the increasing complexity of today’s Construction Claims and Disputes”

Colorado Supreme Court rules in favor of developer over arbitration clause

Denver Post’s John Aguilar reports on a recently decided case that will set a precedent for how condominium associations in Colorado address construction defect issues with the developer of a given project: The Colorado Supreme Court gave builders a reason to cheer Monday, ruling that a homeowners association in Centennial was wrong to ignore a … Continue reading Colorado Supreme Court rules in favor of developer over arbitration clause

25 of the most embarrassing design and construction failures

Only by analyzing the failures of our past can we learn how to prepare for a better future. This is one of the core principles behind forensic science, and candidly, it is what personally drives me forward every day. InterestingEngineering.com compiled a list of “25 Extremely Embarrassing Architectural Failures,” although I would like to clarify … Continue reading 25 of the most embarrassing design and construction failures

In Colorado, construction defect litigation reform is a piecemeal process

Denver Post’s Brian Eason writes: Declaring that the measure “will help make our housing more affordable,” Gov. John Hickenlooper on Tuesday signed into law one of the most hard-fought compromises of the 2017 session — a bill that will make it more difficult to sue builders for shoddy condo construction. Business leaders for years have … Continue reading In Colorado, construction defect litigation reform is a piecemeal process

Could self-healing bio-concrete reduce future construction defect claims?

As nerdy as it probably sounds, I can’t even begin to put into words how excited I am for products like this. Back in January of 2014, I wrote about the winners of the 2013 Cradle to Cradle Product Innovation Challenge, including the inventors of self-healing bio-concrete. Cracked concrete is a frequent allegation in construction defect claims. Continue reading “Could self-healing bio-concrete reduce future construction defect claims?”

Hipsters passing the bar may lead to uptick in “artisanal lawyering”

So this is satire, just to be clear… John Frank Weaver, writing for the always hilarious McSweeney’s, offers a wonderfully hand-crafted glimpse into the imaginary life of an Artisanal Attorney. Weaver opens his piece with the question, “Are you tired of large corporate law firms making the same cookie cutter litigation?” (I know that I … Continue reading Hipsters passing the bar may lead to uptick in “artisanal lawyering”

Do energy efficient building practices result in better feedback loops and better workmanship?

My wife and I have been lucky to have three kids that (so far) haven’t ever played with fire, or knives, or consumed dangerous cleaning supplies, or anything like that. It didn’t take burning down the house, stitches, or stomach pumping to teach each of them the danger inherent with certain things—a quick touch to a hot oven provides instantaneous feedback.

This is the primary concept of the feedback loop, explained by Wired Magazine: Continue reading “Do energy efficient building practices result in better feedback loops and better workmanship?”

California: Workmanship still not insured under standard Commercial General Liability policies

Tamara Boeck, writing for the Stoel Rives blog, Ahead of Schedule, has written an excellent analysis on a very important appellate decision in the state of California. The case: Regional Steel Corporation v. Liberty Surplus Insurance Corporation (PDF) (May 16, 2014, No. BC464209) Cal.App.2d. [2014 WL 2643242] The facts of this dispute are not unfamiliar, … Continue reading California: Workmanship still not insured under standard Commercial General Liability policies