Construction Law Today
Construction Law Today is the podcast of the American Bar Association Forum on Construction Law. It explores legal issues, trends, and practical developments affecting the construction industry. Episodes likely feature discussions among construction lawyers, industry professionals, and ABA Forum members. The show is aimed at attorneys, contractors, and others involved in construction law and dispute resolution.
Episodes
Episode 46: Construction Litigation: Cutting Through the Noise
Construction projects generate enormous amounts of information, from contracts and schedules to RFIs, change orders, daily reports, and expert analyses. When disputes arise, attorneys are often faced with the challenge of separating the critical facts from the overwhelming volume of material surrounding a project.
In this episode, host Nicholas Siegfried speaks with Kyle Zunker, author of the arti
Episode 45: Forum Chair Tony Lehman on the Forum and the Year Ahead
Have you ever wondered what makes the American Bar Association Forum on Construction Law one of the leading organizations for construction lawyers across the country?
Host Nicholas Siegfried is joined by Forum Chair Tony Lehman for an insightful discussion on the year ahead in construction law. In this episode, we take a closer look at the Forum's mission, its impact on the construction industry
Episode 44: Betterment in Construction
What happens when fixing an alleged design or construction error leaves an owner with a project that’s better than originally promised? In this episode, we explore the doctrine of betterment—a key damages principle that prevents claimants from turning construction disputes into windfalls.
Host David Suchar is joined by Keith Bergeron of Deutsch Kerrigan (New Orleans) and Matt Ryan of Allensworth (
Episode 43: Standard of Care in Construction
What does it mean to meet the “standard of care” in the construction industry—and what happens when that standard is called into question? In this episode, we’re joined by Chris Caddell of Spire Consulting and Tim Ross of Andrews Myers to explore how the standard of care applies to contractors, design professionals, and peer reviewers. Drawing on years of real-world experience, Chris and Tim share
Episode 42: The Design Build and EPC Book
In this episode we discuss a book recently published by the ABA Forum on Construction Law—"Design-Build and EPC Contracting: A Practical Legal Guide” (2024)—one of the ABA Forum on Construction Law's newest books. Construction lawyer and book editor Ken Rubinstein discusses his role as editor (on behalf of other editors Nicole Lentini, Logan Hollobaugh, Wendy Venoit, and Paul Varela), the content
Episode 41: The Project Owner’s Book
In this episode we discuss a book recently published by the ABA Forum on Construction Law—"Representing the Project Owner: A Construction Lawyer's Guide” (2025)—one of the ABA Forum on Construction Law's newest books and an excellent addition to the organization's catalog of useful resources. Construction lawyers and book editors Anatoly Darov, Sanjay Kurian and Kristen Sherwin discuss their role
Episode 40: The Importance of Timing in Construction Mediations
In the latest episode of the Construction Law Today podcast series, Judge Nancy Holtz (Ret.), a seasoned JAMS mediator based in Boston, shares her insights on the critical role timing plays in achieving successful outcomes in construction mediations. Drawing from her extensive experience as a judge and mediator, Judge Holz discusses the delicate balance of timing in terms of exchanging information
Episode 39: Forum Stories: An Interview with Arlan Lewis
Our guest for this episode is Arlan Lewis, an accomplished construction lawyer and partner at Blueprint Construction Counsel in Birmingham, Alabama. Arlan recently served as chair of the ABA Forum on Construction Law and was elected this year as a Fellow of the American College of Construction Lawyers. Recorded live at the 2024 Forum Fall meeting in Pittsburgh, our conversation delves into Arlan’s
Episode 38: Forum Stories: An Interview with Adrian Bastianelli
Our guest for this episode is Adrian Bastianelli, an attorney at Peckar & Abramson in Washington, D.C., and one of the nation’s most distinguished construction lawyers and arbitrators. Adrian’s career includes serving as Chair of the ABA Forum on Construction Law, editor of The Construction Lawyer, and the inaugural editor of the Journal of the American College of Construction Lawyers (ACCL).
Episode 37: Force Majeure & Impossibility for COVID-19 and Other Construction Claims
In this episode we delve into the history of force majeure provisions and the impossibility doctrine. Our now repeat guest Benton Wheatley addresses this topic from the perspective of the common law history of force majeure and impossibility, leading up to a discussion about practical tips and frequently encountered problems in the area of COVID-19 and other developing claims.
Episode 36: The False Claims Act in Construction
In this episode we discuss the False Claims Act and its impact on the construction industry. Our guest is Chelsea Cullum, Executive VP, Forensics with Vertex in Washington, DC. She is a forensic accounting and quantum expert with a particular focus on government contracts, including analyzing and testifying with respect to false claims. Together we discuss the potential hazards and emerging trends
Episode 35: Autonomous Vehicles in Construction
In this episode we discuss autonomous vehicles and their impact on the construction industry. Our guest Tony Lathrop of Moore & Van Allen in Charlotte, NC addresses this topic using his many years of experience in his firm’s Transportation, Infrastructure & Logistics and Litigation groups and in leadership on the North Carolina Board of Transportation since 2017. Together we discuss the cu
Episode 34: Construction Case Investigation
In this episode we discuss a topic that is familiar to many of our listeners—construction case and claims investigation—but with a focus on some innovative ways to consider and pursue information. Our guest Mark Becker at Fabyanske, Westra, Hart & Thomson, P.A., addresses this topic using his years of experience in the construction litigation field and on related topics of discovery, “document
Episode 33: Private Equity in Construction
In this episode we explore the issues raised and opportunities presented by the infusion of Private Equity money in the construction industry and resulting issues in the field of construction law. Our guest Benton Wheatley addresses this topic using his years of experience in the area and on related topics of construction project financing, contracting, management and claims. Benton also provides
Episode 32: Double Blind Construction Mediations
In this episode we discuss double blind mediation techniques—and best practices for lawyers who participate in construction claims mediations. Accomplished construction lawyer and mediator Mark Heley addresses this topic. Together we explore the mediation of larger multi-party cases, how double blind mediation processes can help to solve disputes and the upsides and downsides of this approach.
Episode 31: Dispute Resolution Boards
In this episode we discuss DRBs—Dispute Resolution Boards—and best practices for experts and lawyers who participate in them. Engineer and expert Joe Siebold from Arcadis addresses this topic. Together we explore the range of processes undertaken by DRBs, their best uses including quarterly reviews and ways to stop disputes before they start. Joe describes the work that experts can perform, potent
Episode 30: Building Information Modeling
In this episode we discuss BIM-Building Information Modeling systems, legal issues implicated by BIM and best practices for lawyers in contracting and in working with professionals who use BIM every day. Construction lawyers Kristine Kubes, owner of the Kubes Law Office in Minneapolis, and Jimmy Germano, Senior Manager and Counsel-Contract Documents at AIA discuss this topic, including potential c
Episode 29: The Construction Checklists Book
In this episode we discuss the second edition of the "Construction Checklists" book (2022)—one of the ABA Forum on Construction Law's newest books and an excellent addition to the organization's catalog of useful resources. Construction lawyers Terry Brookie and Misty Gutierrez discuss their role as editors (along with co-editors Eric Berg and Carrie Okizaki), the content and process for developin
Episode 28: Cyber Insurance
This podcast is about Cyber Insurance. In a business environment in which construction industry participants face the daily threat of cyber-attacks by way of ransomware and malware, and the potential for data breaches as well, insurance products have stepped in to provide protection. Our guest Kent Collier, Senior Vice President at Greyling Insurance Brokerage & Risk Consulting, tells us about the
Episode 27: Early Dispute Resolution
This podcast is on Early Dispute Resolution (EDR)—a form of alternative dispute resolution that is becoming more widely used to resolve construction industry disputes. EDR seeks to resolve complex commercial disputes within 30-60 days with an outcome equivalent to those reached after full motion practice or trial. Our guests are Brett Henson and Peter Silverman of the Shumaker law firm. Brett and
Episode 26: AIA Contract Documents Part 2
Here is Part 2 of our podcast on the AIA Contract Documents hosted by David Suchar. Part 1 of this series is found at Episode 19. Our guest in both episodes is James “Jimmy” Germano, Manager and Counsel for the AIA Contract Documents. Jimmy tells us in this episode about the AIA’s contract drafting philosophy and the impact of current construction trends on the Contract Documents. Topics include t
Episode 25: Condominium Governance as Buildings Age
In Episode 23 of the podcast, we took our first look at one of the issues arising from the Champlain Towers collapse in Southern Florida. The subject of that podcast was building code enforcement. As further investigation into the disaster continues, more information is coming out about the condition of the building and the Homeowners Association’s efforts to deal with the building’s maintenance
Episode 24: A First Look at Federal Contracting Issues
Many of our clients will bid on federal projects, and may have claims relating to these projects. This is especially true given the recent passage of the Biden administration’s infrastructure package. In this podcast we speak with two skilled and experienced federal contracting lawyers from the Oles Morrison law firm in Seattle Washington. Join me, Doug Oles and Howard Roth for an interesting and
Episode 23: Building Codes and Building Safety
On Thursday, June 24, 2021, Champlain Towers South, a 12 story residential condominium in the Miami suburb of Surfside, Florida collapsed killing 98 people. The incident is one of the greatest losses of life caused by a construction failure in the history of the United States. There are numerous questions about what happened and why. Understandably, the matter is now the subject of extensive liti
Episode 22: Design Professionals Guide to Construction Law
The ABA Forum on Construction Law is a prolific producer and publisher of books on construction law. In this episode we meet with the editors of a brand new edition entitled: “Design Professionals Guide to Construction Law.” Construction lawyers Matt Ninneman, Buck Beltzer and Mark Mercante discuss the background and content of the book as well as some of the key current legal issues that can im
Episode 21: Construction Arbitration Update
Many construction contracts contain binding arbitration provisions and as a result, the arbitration process continues to be an important topic for all construction lawyers. This episode is a conversation with two preeminent arbitrators, John Hinchey and Laura Abrahamson, both with the JAMS Organization. Each has remarkable experience in the field and share their respective thinking on current tre
Episode 20: Listen to These Voices
In March, 2021 three experienced black construction lawyers were interviewed in a program at the Annual Meeting of the American College of Construction Lawyers. Barbara Werther, a Fellow of the American College of Construction Lawyers, conducted the interview. It is an important and thought-provoking discussion. In this episode I talk with Barbara about her presentation and, immediately follow
Episode 19: AIA Contract Documents
The American Institute of Architects has been creating and disseminating all kinds of construction contracts for more than 120 years. These documents have become an integral part of the way lawyers, owners and contactors think about construction deals. In this podcast we talk with James “Jimmy” Germano, Manager and Counsel for the AIA Contract Documents. Jimmy tells us about the background of the
Episode 18: Modular and Prefabricated Construction
Modular and prefabricated construction techniques are becoming increasingly popular in a variety of applications. Lee Davis from the law firm of Eversheds Sutherland in Atlanta, Georgia explains some of the key legal issues that arise in this area. This is an evolving field with many complex, and sometimes surprising matters to consider. This is an excellent primer to become acquainted with these
Episode 17: Neutral Case Evaluation
In this episode I talk with Andy Ness of JAMS in Washington D.C. about Neutral Case Evaluation. Andy, a well know construction mediator and arbitrator, explains how this technique can be used to help resolve complex disputes. It is an interesting and informative discussion on another form of alternative dispute resolution that is growing in use.
Episode 16: "Guided Choice" Mediation Process
Join us for an enlightening discussion with two sophisticated practitioners of the “Guided Choice” method of mediation. Bill Geisen of Stites & Harbison and Dean Thomson of Fabyanske, Westra, Hart & Thomson, are not only knowledgeable about this specific type of mediation which employs very early intervention of the mediator, but also have a wealth of experience in the world of construction law.
Episode 15: Insurance Issues in Construction Litigation Part 2
Here is Part 2 of our two-part podcast on insurance issues in construction litigation. Part 1 of this series is found at Episode 5. Our guest in both episodes is David Suchar from the Maslon Law Firm in Minneapolis, Minnesota. David and I pick up on where we left off in Part 1 and discuss builder’s risk insurance, professional liability insurance, and current issues arising in COVID related insur
Episode 14: Design Build Project Delivery
Design Build is an important and sometimes complex project delivery method. In this podcast we speak with Stephen Del Percio of AECOM’s New York metropolitan area office. Stephen is very familiar with many of the issues involving Design Build and offers interesting insight into these matters. He is an engaging and talented lawyer and engineer who brings a wealth of experience to the table in our
Episode 13: Building for Good - The Construction Lawyer's Pro Bono Organization
In this episode we talk with Kristen McDonough, the Program Director of Building for Good, Inc. Building for Good, or B4G as it's referred to, is a national not-for-profit corporation based in Boston, Massachusetts which matches construction lawyers with a variety of types of charities to help provide pro bono legal assistance on all kinds of construction projects. Kristen explains the history of
Episode 12: A First Look at COVID and Construction Contracts
Join us for our first podcast episode relating to the COVID-19 ciris. Washington D.C. attorney Shiva Hamidinia, from the law firm of Nichols Liu LLP, discusses recent decisions relating to the legal impact of pandemics and the rationale used by courts to decide these cases. The two cases discussed, reaching opposite results, may be instructive as to how courts will be treating these issues in th
Episode 11: Using an Expert Witness in Construction Litigation
Many cases require the use of expert witnesses on issues ranging from causation to damages. Attorney Alex Dockery of the law firm of Goulston & Storrs and Chris Sullivan, a well-respected consultant and expert witness with FTI Consulting, discuss the basics, and some of the more complex issues, of retaining and effectively using an expert in the construction case. The discussion highlights why cho
Episode 10: Cross-Culture Construction Negotiations
In this episode, Buzz sits down with renowned construction lawyer Adrian Bastianelli to learn about Adrian’s recent research into how our own bias effects the manner in which we interpret cultural differences in negotiations. Adrian discusses, with some remarkable insight, just how extensively these negotiations can be impacted by our own perceptions about the actions of the parties sitting on the
Episode 9: A Futurist Looks at the Construction Industry
What is the future of the construction industry? Futurist Simon J. Anderson joins us for an interesting discussion of the trends which are shaping how construction work will be undertaken in the future. If you think the future is coming fast, you are right!
Episode 8: Inclusion, Diversity, Professionalism, and Risk Management
In this episode, our guest Lance Currie, from the law firm of Carrington, Coleman, Sloman & Blumenthal, LLP in Dallas, Texas, discusses the issues related to limited workforce diversity in much of the construction industry including opportunity risks, safety risks, legal risks, and reputational risks for companies not having a diverse and inclusive culture.
Episode 7: Construction Law South of the Border
Welcome to our first international podcast. This is an interesting and informative discussion with Roberto Hernandez of COMAD, S.C. in Mexico City. This episode discusses what an American construction company, and its counsel, might need to know about undertaking a project in Latin America.
Episode 6: ConsensusDocs
ConsensusDocs are one of the commonly used set of construction documentation forms. Brian Perlberg, the executive director of ConsensusDocs, joins us for an episode to discuss the history of form documents in the construction contracting world, in general, and more specifically, some of the philosophies that support some of the thinking behind the language and format of ConsensusDocs.
Episode 5: Insurance Issues in Construction Litigation
This is part one of a two-part podcast on the important issue of insurance in construction litigation. Our guest David Suchar, from the Maslon Law Firm in Minneapolis, Minnesota, reviews with us some of the basics of insurance law as it applies to construction, and then moves into some of the more complex issues that are typically seen in a construction dispute. This is a very interesting subject
Episode 4: The Care and Feeding of Shop Drawings
Please join us in an interesting discussion with Stephen Hess of Sherman & Howard from Colorado Springs, Colorado about the “care and feeding” of shop drawings. Stephen raises a number of interesting points with regard to these documents which are commonly found in a number of construction contracting transactions. Is a shop drawing a contract itself? Which parties assume obligations and respon
Episode 3: Still Spearin After All of These Years
Our podcast, in this episode, focuses on the Spearin Doctrine announced by the United States Supreme Court in 1919. This is the 100th Anniversary of the Doctrine and it is still relevant in current issues in construction law. Our guest is Robbie MacPherson from the Gibbons law firm in Newark, New Jersey. Robbie offers significant insight into the applicability of the Spearin Doctrine and the li
Episode 2: Project Delivery Methods
Our guest for this episode is Dan Brennan, an experienced construction lawyer from the law firm of Laurie & Brennan, LLP in Chicago, Illinois. Dan speaks about project delivery methods. We talk about how to select the right project delivery method and the pros and cons of various ways to contract for a project.
Episode 1: Large Scale Construction Projects: What Owners Worry About
In our inaugural episode, host Buzz Tarlow interviews George Meyer of the law firm of Carlton Fields in Tampa, Florida. George is an expert in large scale construction projects including stadiums, arenas, ballparks, convention centers, airports, hospitals, and hotels. In the podcast, George speaks about the key issues presented to owners in connection with these large projects. Many of these is
Recommended
Talk About Talk - Executive & Leadership Communication Skills
English with Olivia | Slow Conversations & Vocabulary
Stand In The Circle
SLOW ENGLISH PODCAST (A1-A2) With Subtitles | Daily Videos | English With Us Podcast
Learn English A2 with Daily News | Simple English Listening Practice
پلی لیست | PlayList
Conspiracy Files with Paige Carter
Bad Friends
Learn 50 English Phrases While You Sleep | Everyday English Phrases & Vocabulary
This Past Weekend w/ Theo Von
Dateline NBC
Back to the 80s Radio
