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Effective Use of Email
Statute of Limitations
Document Everything
New IPD Agreement and IPD Joining Agreement

The State of the Art in IPD Contracting
February 24


Contract Management in the Cloud 
March 17

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Vol. 2, No. 1 - January 2016
Effective Use of Email
Effective Use of Email for Construction Project Communications and Documentation
Eugene J. Heady, Partner, Smith Currie & Hancock LLP

Email is now quickly and easily accessible 24/7 on desktop computers, laptops, iPads, tablets and smartphones. Because of this, there is a tendency to use email more frequently and less carefully than more formal means of communication such as writing, stamping and mailing a letter. Your project team should be reminded that every email they send or receive on a project will become part of the project record and may have to be produced to an opposing party if there is a construction dispute arising out of the project and litigation or arbitration ensues. Therefore, it is important to...

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Statute of Limitations
The Doctrine of Nullum Tempus, and Its Impact on Statutes of Limitation and Statutes of Repose
James D. Hollyday, Partner, Pepper Hamilton LLP

The common law doctrine of nullum tempus occurrit regi — generally translated to mean “time does not run against the king” — when applicable, may preclude the running of statute of limitations periods against government entities as plaintiffs. In practical effect, this can mean that contractors doing business with the government may not be able to assert defenses based on otherwise applicable statutes of limitations or statutes of repose and may, in effect, be exposed to indefinite potential liability.

The doctrine of nullum tempus has long been recognized in American jurisprudence...

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Document Everything
Document Everything: How To Ensure A Sucessful Inefficiency Claim
Christopher M. Sweeney, Associate, Peckar & Abramson P.C.

Inefficiencies, or losses in productivity, often occur on a daily basis on construction projects. However, tracing the cause and quantifying the amount of that inefficiency are rarely on the contractor's mind until the project is complete, or even later, when a dispute arises over releasing retention. Unfortunately, this is often too late. While attorneys, claims consultants, and experts can...

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New IPD Agreement and IPD Joining Agreement
New and Improved Standard IPD Agreement and IPD Joining Agreement are Now Available from ConsensusDocs
Brian Perlberg, Executive Director & Senior Counsel, The Associated General Contractors of America

ConsensusDocs just released an entirely updated ConsensusDocs 300 Standard IPD Agreement and new ConsensusDocs 396 IPD Joining Agreement. ConsensusDocs was the first to publish a standard IPD Agreement in 2007, and this update is significant in both the extent of the updates, as well as the thought leadership role ConsensusDocs plays in establishing best practices in this emerging and evolving...

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The views expressed in this newsletter are not necessarily those of AGC. 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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