We are thrilled to announce that Jeremy Baker, founder of Baker Law Group, recently appeared as a guest on the “Building Scale” podcast. In this insightful episode, Jeremy delves into the intricacies of contract negotiation, risk allocation, and the importance of interpersonal skills within the Architecture, Engineering, and Construction (AEC) industry.

Jeremy’s extensive experience with international projects provides a unique perspective on common pitfalls in AEC contracts and the crucial role of specialized attorneys. He also discusses effective dispute-resolution strategies and the pivotal role of mediators in resolving conflicts.

“Building Scale” is a podcast dedicated to exploring how successful…
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The AIA’s 2013 Digital Practice Documents play a prominent – yet little understood – role in the AIA’s newest Contract Documents. While previously optional, Digital Practice Document use is now expressly required by the unedited standard form language of the Owner-Architect Agreement (B101-2017), Owner-Contractor Agreement (A101-2017), General Conditions of the Contract for Construction (A201-2017), Contractor-Subcontractor Agreement (A401-2017), Architect-Subconsultant Agreement (C401-2017), and other AIA contract forms. This post identifies the AIA’s Digital Practice Documents – the E203-2013, G201-2013, and G202-2013 – and describes practical considerations for their use. 
The Digital Practice Documents
Most people in the design and construction industry are…
Continue Reading Understanding The New Role of the AIA Forms Digital Practice Documents

The AIA’s “new” B101-2017, the latest version of its flagship Owner-Architect Agreement, carries over concepts from its widely-used predecessor, B101-2007. Users of the 2007 form will find the 2017 revision familiar. But the new B101-2017 is different in important and subtle ways, and some of its changes may be controversial. Architect and Owner users of the B101 form may, therefore, wish to reconsider and refresh their contracting strategy for the next decade.
Biggest Change: Mandatory Digital Practice Document Use
The B101-2017 and other 2017 AIA B101 Contract Documents require use of the AIA’s 2013 Digital Practice Documents (unless that requirement…
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Written by Jeremy S. Baker –

Dispute resolution clauses in contracts should be drafted to promote the negotiated resolution of disputes in a fair, timely, and cost-effective manner before the parties must resort to binding dispute resolution methods, such as arbitration or litigation, which are expensive and hurt business relationships.

This article summarizes considerations for drafting contractual dispute resolution provisions.

Continuation of Work During Dispute

Purchasers should consider inserting dispute resolution clauses to require vendors to continue to provide goods and services while a dispute is pending. This can help to avoid further exacerbating the dispute and the issues to…
Continue Reading Considerations for Drafting Contractual Dispute Resolution Provisions in Chicago

Someone once told me Illinois mechanics lien claims are the second leading cause of legal malpractice claims in the State of Illinois. I do not know that to be true. But it is easy to believe.
In fact, I intended to title this post “1,001 Ways to Screw Up an Illinois Mechanics Lien Claim.”
No foolin’ – this tome is not even close to an exhaustive list of ways to get it wrong.
I just ran out of time… so 101 ways to defeat Illinois mechanics lien claims it is!
Don’t Be Fooled: Illinois Mechanics Lien Claims Are Complex
The…
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Portions of this post first appeared in “Article 8, Time,” Chapter 8 in The 2017 A201 Deskbook, American Bar Association (ABA) Forum on Construction Law (2017), co-author Jeremy S. Baker
Benjamin Franklin famously quipped “lost time is never found again.”
While building projects can be accelerated to recover lost time, this aphorism reveals a truth of the construction industry: proper time and schedule management can mean the difference between success and failure on many design and construction projects.
Delay-Related Cost and Schedule Claims: A Good Way to Lose Your Shirt
Commercial projects can be time sensitive. Project owners and real…
Continue Reading They Don’t Call It the “Critical Path” For Nothing: Delay-Related Claims For Extra Time and Money

On April 22nd, Jeremy taught a two hour Construction Specifications Institute (CSI) Chicago course, entitled “AIA Document A201-2017: Understanding the General Conditions of the Construction Contract,” for CSI members who seek the Construction Documents Technology (CDT) certification. The CDT certification provides a comprehensive program of study for anyone seeking to enhance and demonstrate knowledge of writing, interpreting, enforcing and managing construction documents.
ACCESS SLIDE DECK HERE
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On April 14, 2021, Jeremy will present “Seeing the Big Picture: Best Practices for Contracting and Risk Management” in the Construction Management Association of America (CMAA) and American Bar Association (ABA) Forum on Construction Law. This presentation focuses on how you can protect your project with carefully crafted contract requirements and a better understanding of construction insurance. The link to Jeremy’s Slide Deck is below.

ACCESS SLIDE DECK HERE
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Some of the scariest risks I have helped clients address – in terms of potential claim value, meeting exacting performance requirements, and the inability to transfer risk by contract – relate to “accessibility standards,” like Americans with Disabilities Act (ADA) and Fair Housing Act (FHA). 
Some of the largest dollar value claims I have defended – setting aside those arising from “mega projects” costing north of $500M to $1B-plus, which throw off enormous claims due to the sheer dollars involved – have involved defending clients from allegations of ADA and FHA violations.
The Big Misconception: Liability for Accessibility Claims is…
Continue Reading Helping Clients Comply with Accessibility Requirements: Lessons from the Trenches