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Mediation
Implied Warranty
Force Majeure
Revised AAA Rules
ConsensusDocs Makes Bond Forms Free
Webinar: Differing Site Conditions
Webinar: Contract Clauses Contractors Must Know
State Law Matrix
Webinar: Contract Clauses Contractors Must Know



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Vol. 1, No. 3 - July 2015
Mediation
What Every Contractor Needs to Know about Mediation
Bruce W. FickenPepper Hamilton LLP, Partner
So, in preparing for mediation, first understand what you need to settle, and make sure you have support for that resolution within your organization. Second, draw up a negotiating strategy to model how you might steer the negotiations to where you want to be. Third, write out every incentive your adversary has for

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Implied Warranty
Erosion of the Spearin Doctrine in Alternative Project Delivery Methods
Joseph R. Young, Smith Currie & Hancock LLP, Associate 
The United States Supreme Court ruled nearly a century ago that a contractor is not responsible for consequences of defects in the plans and specifications when that contractor is bound to build according to plans and specifications prepared by the owner. U.S. v. Spearin, 248 U.S. 132 (1918).  This principle is commonly known as the Spearin Doctrine. The evolution of different delivery methods for construction has allowed owners and contractors to undertake and shift risk and responsibilities…

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Force Majeure
Excusing Project Performance from Unexpected Events
Warren E. Friedman, Peckar & Abramson P.C., Senior Associate
The two significant aspects for negotiation of force majeure clauses are (1) the definition of force majeure events and (2) rights and obligations of the parties in the event a force majeure arises. Common force majeure clauses address issues such as

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Revised AAA Rules
Revised Construction Industry Arbitration Rules
AGC staff and ConsensusDocs representatives participated in the revision of the Construction Arbitration Rules and Mediation Procedures. Focus was placed on the desire for effective management of the arbitration process. The revisions include… 

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ConsensusDocs Makes Bond Forms Free
ConsensusDocs Makes Best Practice Bond Forms Free
Carrie Ciliberto, ConsensusDocs, Deputy Executive Director and Counsel
The ConsensusDocs Coalition now offers all of its standard construction bond forms for free. ConsensusDocs publishes performance, payment, and bid bond forms for the construction industry. These forms offer more specific choices including subcontractor performance and payment bonds, design-build bonds, and warranty bonds...

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Webinar: Differing Site Conditions
Differing Site Conditions: Who Pays for Undisclosed and Unforeseen Risk?

September 17, 2015, 2:00 p.m. - 3:30 p.m. EDT

Differing Site Condition claims can be the most expensive and schedule disruptive issues on a construction project. Learn practical pointers on how to manage this risk in contract negotiations, contract administration, and project management…

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Webinar: Contract Clauses Contractors Must Know
Understanding the Fine Print... Contract Clauses Contractors Must Know

August 27, 2015 / 2:00 p.m. - 3:30 p.m. EDT

There are certain contract provisions that can make or break a project for contractors. Knowing how to identify these critical clauses, and knowing how to revise them, when necessary, is vital to help ensure project profitability. Register by clicking here.

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State Law Matrix
New State Laws Impacting P3 and Project Delivery Methods are Relatively Flat

AGC of America tracks state laws that impact construction through its Construction State Law Matrix, which was recently updated. For 2015 published maps, interestingly, little... 

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The views expressed in this newsletter are not necessarily those of ConsensusDocs. Readers should not take or refrain from taking any action based on any information contained in this newsletter without first seeking legal advice.

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