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Continue Reading Construction Contracts Primer: What Real Estate Attorneys Should Know

A version of this article first appeared in the Construction Law Newsletter, Volume 34, Number 3 (January 2018), coauthors Paul M. Lurie and Jeremy S. Baker

Want to Resolve Design and Construction Disputes Quickly?
Clients have spoken, and their in-house counsel, lawyers, and mediators now understand that clients want their disputes resolved quickly — faster than they typically are in traditional mediation and arbitration. Most construction and commercial disputes settle and are not adjudicated. Early settlements reduce expenses and save time that clients would rather devote to their businesses. Early settlements also reduce the uncertainty inherent in litigation and arbitration…
Continue Reading How Guided Choice Mediation Achieves Earlier Settlements of Design and Construction Disputes

Private arbitration has several advantages over litigation in a court of law. One is that arbitration takes place mostly in private. Unlike litigation, which is conducted in public and leaves behind publicly-available records, arbitration typically does not leave behind a public record of filings which could embarrass the parties involved in the dispute.
Arbitrators Know Design and Construction
Arbitration enables parties to use expert decision-makers familiar with construction industry norms to resolve their disputes. Construction arbitrators are typically knowledgeable about construction law and practice and are more likely to produce high-quality decisions than most judges. Most judges are “generalists” who…
Continue Reading Advantages of Private Arbitration Over Public Court Litigation

The choice between arbitration and court litigation complicated. Arbitration is no panacea. Some disputes are definitely better suited to litigation in a court of competent jurisdiction than arbitration. However, Illinois courts and law are no longer hostile to arbitration, and recognize its many advantages.
Illinois law and Illinois Courts Favor Arbitration.
Our Supreme Court has characterized arbitration as “an effective, expeditious, and cost-efficient method of dispute resolution.” Salsitz v. Kreiss, 198 Ill.2d 1, 761 N.E.2d 724, 731, 260 Ill.Dec. 541 (2001). Illinois public policy favors arbitration because it “promotes the economical and efficient resolution of disputes.” Phoenix Insurance …
Continue Reading Courts Often Favor Arbitration Over Litigation

Admission to the Society of Illinois Construction Attorneys (SOICA) is by invitation only. Its ranks include distinguished former judges, highly regarded mediators and arbitrators, and attorneys who are widely considered to be at the top of the Illinois construction law bar. 
“Joining SOICA has been an important goal of mine for 15 years,” says Jeremy. He is “excited to continue to work with the SOICA members – the highest caliber construction attorneys in Illinois – who have been my friends and mentors for many years.”
SOICA encourages “the association of outstanding Illinois lawyers who are distinguished for their skill, experience…
Continue Reading Jeremy Baker inducted into the prestigious Society of Illinois Construction Attorneys

The very act of two project participants coming together to thoughtfully negotiate a design and construction contract has a benefit unto itself – one that is separate from the piece of paper produced at the end of the contract negotiation.
Speed and Efficiency
When I negotiate contracts, my goal is to complete the negotiation quickly and efficiently. 
My clients want to design and construct new buildings, not get bogged down in contract negotiations. 
I love to send the “happy” email to my client that says, “here is the signature copy of the contract – we are done.”
The Hidden Benefit…
Continue Reading The Hidden Benefit to Thoughtful Contract Negotiations

Design professionals must comply with a variety of federal, state, and local statutes, rules, and codes that require certain public and commercial buildings to be designed in a manner so they are readily accessible to, and usable by, persons with certain kinds of disabilities.
Accessibility Requirements
Such “accessibility requirements” address things like ensuring persons in wheelchairs have accessible routes into buildings; that doors are designed wide enough to allow their passage; that light switches, thermostats, and electrical outlets are within their reach; and that kitchens and bathrooms include features, and are laid out in such a way, that an individual…
Continue Reading Accessible Design Requirements: Worthy Aims, Huge Risks for Design Professionals