Overview

The first edition of this book was published almost ten years ago to provide a useful guide on construction defect law in the United States. The goal was to provide a useful analytical framework and starting point for research of specific issues confronting practitioners and their clients. The editors of the current edition have endeavored to achieve that same goal here. The three characteristics of the first edition remain unchanged. First, the book is organized to allow the reader to identify a construction defect issue and then follow the trail to meaningful discussion and research in several ways--by type of construction defect, by party, by type of claim, and by theory of liability or defense. Second, it provides guidance in specific areas of concern, such as insurance, limitations defenses, damages, dispute resolution, and preparing and presenting a case. Finally, the authors were selected for their expertise in the subject matters covered by their chapters, as well as for the diversity of the clients they represent. The law on construction defects is dynamic and continually evolving. New statutes and court decisions frequently change the landscape. This book gives the readers a representative sampling of these and many other issues, along with references that will guide them with information about a jurisdiction of interest.

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9781641057660

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Sue concentrates her practice in complex commercial litigation and dispute resolution, counseling clients in the pharmaceutical, manufacturing, construction, insurance and health care industries, with a particular emphasis on construction matters. In addition, she has extensive experience drafting and negotiating contracts and has years of experience as a neutral as a mediator or an arbitrator. Sue also has represented lawyers in connection withethics-related issues for more than 20 years. This has included providing advice regarding attorney ethics issues to those seeking to provide non-traditional funding of and for litigated matters. She has represented owners (hospitals, pharmaceutical manufacturers, research universities, real estate developers and homeowners), contractors and suppliers in litigation and other dispute resolution proceedings and processes in connection with every type of construction-related claim including defect claims, liens, and delay and interference claims. Sue also devotes a substantial part of her practice to representing parties, especially owners, in negotiating and drafting agreements of all types relating to construction projects. She is familiar with the Consensus DOCS and the form agreements published by the AIA and the EJCDC and has provided many clients (owners and contractors) with advice concerning modification of form agreements to satisfy the client’s particular needs. In addition, Sue has significant experience preparing project-specific agreements. She has assisted multiple owner clients (including hospital systems, pharmaceutical companies and regional banks) in developing master agreements with preferred construction and design professionals for design, construction and design build services. She also has substantial experience negotiating and drafting project-specific manuscript agreements for the design and construction of many types of projects including pharmaceutical manufacturing facilities, hospitals, research laboratories, educational facilities and warehousing and distributions facilities, and for the procurement of equipment and manufactured modules of such facilities. Since 1997, Sue has served as a mediation neutral in assisting parties in hundreds of matters to resolve disputes outside of the litigation process; she is also an arbitrator on the commercial and construction industry panels of arbitrators maintained by the American Arbitration Association. She has received certificates from the National Institute for Trial Advocacy and the Center for Mediation in Law. She is also a charter member of the National Academy of Distinguished Neutrals, an invitation-only professional association for mediators and arbitrators who are well established as trusted neutrals in the legal community. Sue received the 2021 Richard Jeydel Award for Excellence in ADR conferred by the Justice Marie L. Garibaldi American Inn of Court and the 2005 James B. Boskey ADR Practitioner of the Year Award conferred by the New Jersey State Bar Association for her contributions to advance the cause of mediation and other forms of alternative dispute resolution in New Jersey. In addition, in 2007 she was named a “Legend of ADR,” also by the New Jersey State Bar Association. As published in New Jersey Monthly magazine, Sue has been recognized as a New Jersey Super Lawyer by being selected by her peers as among the top 5 percent of lawyers in the state. In recognition of her work in support of the wider community, the Mercer County Commission on Abused, Neglected and Missing Children conferred its Cherish the Children Award on Sue in 2000 for efforts that created and promoted peer mediation and dispute resolution programs in public schools in the county. In 2019, the Legal Service of New Jersey conferred its prestigious William J. Brennan Citation for Justice Award on her for her significant contributions to the cause of equal justice. Finally, Sue has represented and counseled attorneys in connection with legal ethics questions and proceedings. She has served on both the New Jersey Supreme Court Ethics Committee (District VII) and on the New Jersey Supreme Court Fee Arbitration Committee (District VII). Sue started her career as a law clerk to the Honorable Warren W. Eginton of the U.S. District Court for the District of Connecticut. Richard J. Tyler is a partner in the New Orleans office of Jones, Walker, Waechter, Poitevent, Carrère & Denègre, L.L.P., where he is a member of the Business & Commercial Litigation Practice Group and chair of the firm's construction practice. Mr. Tyler's practice involves both dispute resolution and transactional work on a variety of construction projects and delivery systems. He is a member of the American Arbitration Association's National Roster of Neutrals. Mr. Tyler is a frequent author and speaker for bar and industry groups on a variety of construction topics. He currently is a member of the Governing Committee of the ABA Forum on the Construction Industry, and is chair of the Forum's Marketing Committee. Mr. Tyler is a graduate of Georgetown University and the Georgetown University Law Center. Erin E. Krejci is a partner with Laurie & Brennan LLP, a boutique construction law firm located in Chicago, Illinois. Erin represents virtually all stakeholders associated with construction projects, including owners, general contractors, subcontractors, suppliers, equipment renters, and design professionals in both litigation and alternative dispute resolution. Erin’s practice is multifaceted and includes defective construction claims, delays, differing site conditions, inefficiencies, failure to pay, change order disputes, contract interpretation issues, insurance coverage, design errors and omissions, mechanics’ liens, payment and performance bonds, and statutory violations. Erin has been recognized as an “Emerging Lawyer,” “Leading Lawyer,” and “Super Lawyer” in construction litigation by the Super Lawyers and Leading Lawyers publications. Erin previously served as a contributing author for the Forum’s MORE Sticks and Bricks publication. Erin received her undergraduate degree from the University of Illinois and her law degree from Georgetown University Law Center.

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