Check Out the Latest Practical Guidance Enhancements and Offerings

Practical Guidance continues to expand with new content and features including the new Healthcare offering and a robust Tools and Resources section.

New Construction Law Practice Area
Practical Guidance includes a new comprehensive Construction Law practice area that consolidates all relevant information into one place and covers all the varied tasks and matters construction practitioners must address to expertly represent their clients. Find more state-specific content like clauses, checklists, state law surveys and self-drafted and standard AIA sample forms to help draft agreements throughout the construction project life cycle. Litigation and dispute resolution guidance is also included.

This list contains key resources and tools offered by the Construction practice area.

1. RESOURCE KITS
   Explore curated Resource Kits that compile practice notes, articles, trackers, checklists, state law surveys, templates and clauses on key Construction topics for easy access.
   Resource Kit:
   Construction Resource Kit
   Mechanic’s Lien Resource Kit
   AIA Resource Kit
   First Year Associate Resource Kit: Construction
   Owner and Contractor Agreement Resource Kit
   Owner and Architect Agreement Resource Kit
     
2. STATE LAW SURVEYS
   Use multi-state surveys to learn about discrete points of law affecting Construction practice. Surveys save valuable time by identifying and breaking down authority and providing links to source material, including statutes, regulations and case law.
   Survey: 
   Anti-Indemnity Statute State Law Survey
   Contingent Payment Clauses in Construction Subcontracts State Laws Survey
   Construction Contract Forum-Selection and Choice of Law State Law Survey
   Prompt Payment Acts and Lien Waivers (Private Construction) State Law Survey
   Prompt Payment Acts (Public Projects) State Law Survey
   Public Construction Projects Performance and Payment Bonds State Law Survey
   
   
3. STATE LAW COMPARISON TOOL
   Compare laws across multiple jurisdictions by selecting questions to create customized charts. Questions address: licensing requirements for construction and design professionals, anti-indemnity statutes, Little Miller Acts, prompt payment statutes, mechanic’s lien practice, and more.
   Tool: State Law Comparison Tool  
   
   
4. CONTRACT DOCUMENTS
   Draft and negotiate construction contracts and subcontracts, design professional agreements, and craft key ancillary agreements with ease and confidence.
   Practice Note: 
   Owner-Contractor Agreements
   Owner-Architect Agreements
   Checklist:
   Contractor’s Fixed-Price Construction Contract Checklist
   Template: 
   Construction Contract
   Agreement Between Owner and Architect
   Construction Subcontract Agreement
   Clause:
   Pay if Paid Clauses (Construction Subcontract)
   
   
5. PROJECT PLANNING
   Understand the key steps for setting a construction project up for success and avoiding regulatory delays and other disruptions and disputes.
   Practice Note: 
   Construction Pricing Models: Choosing an Appropriate Pricing Arrangement 
   Advantages and Disadvantages of the Primary Construction Project Delivery Methods 
   Tracker:
   Presidential Executive Orders Affecting Construction Industry Tracker 
   Checklist: 
   Renewable and Clean Energy Tax Incentives State Law Survey 
   Water Rights and Uses Checklist
   
   
6. MECHANIC’S LIENS
   Master the mechanic’s lien process with guidance and lien forms for more than 20 jurisdictions.
   Resource Kit:
   Mechanic’s Lien Resource Kit
   Mechanic’s Lien State Laws Survey
   Prompt Payment Acts and Lien Waivers (Private Construction) State Law Survey 
   Practice Note:
   Partial and Final Lien Waivers
   Article:
   Defending Construction Contractor’s Claims—Has the Contractor Released Its Rights?
   
   
7. DISPUTE RESOLUTION
   Learn about alternative dispute resolution options and litigation strategies to resolve disputes before they derail a project. 
   Practice Note:
   Expert Interview: Using Mediation to Resolve Construction Disputes
   Arbitration of Construction Disputes Under the Rules of American Arbitration Association
   Selecting, Hiring, and Working with Expert Witnesses in Construction Claims
   Construction Arbitrator Selection
   Article:
   Using Evidence to Demonstrate a Contractor’s Bad Performance: What Can We Learn from Southwest Electric Contracting Services v. Industrial Accessories Co.?
   
   
8. RISK MANAGEMENT AND ALLOCATION
   Find out how to assess and mitigate the inherent risks of construction work, including those triggered due to design and construction defects, by obtaining appropriate insurance coverage and including indemnification clauses in the contract documents.
   Practice Note: 
   Insuring Construction Risks Through Commercial General Liability Policies
   COVID-19 Liability of Architects, Engineers, and Related Design Professionals 
   Survey:
   Trigger of Coverage for Construction Defects and Non-latent Injury and Damage Claims State Law Survey
   Checklist:
   Supply Chain Insurance Claims Checklist
   
   
9. PUBLIC PROJECTS/PUBLIC PRIVATE PARTNERSHIPS
   Find key resources for advising clients involved with public projects and public-private partnerships, including statutory and regulatory requirements for contractors working on federal government projects and project finance considerations. 
   Practice Note:
   Public Private Partnerships
   Buying American: Country of Origin Requirements in U.S. Government Contracts
   Strategies for Avoiding False Claims Act Penalties on Federal Construction Projects
   Article:
   Final Rule Amends FAR Part 25 Domestic Content Threshold Under Buy American Act
   Checklist: Davis-Bacon Act Compliance Checklist
    
10. CONSTRUCTION FINANCE
    Develop essential skills to effectively guide borrowers and lenders through all stages of construction finance transactions, from conducting due diligence and negotiating the loan documents to overseeing the closing. 
    Practice Note:
    Construction Loan Agreements
    Due Diligence in Construction Lending
    Checklist:
    Construction Loan Due Diligence Checklist
    Template:
    Promissory Note (Construction Loan)

New Market Standards for Antitrust
Using Market Standards, antitrust and M&A attorneys will be able to: 

• Find precedent language for antitrust provisions in M&A agreements
• Access these capabilities via Market Standards under Tools & Resources or in the Antitrust practice page in Practical Guidance.
• Recognize and understand trends in antitrust provisions, for example: 
  • Do antitrust provisions in SPAC transactions vary from other transactions? 
  • How do Obligations to Divest interact with Reverse Termination Fees? 
  • Are certain types of provisions more prevalent in some industries than others? 
• Filter results to find specific data on past M&A transactions involving counterparties and their lawyers, and more.

Access these capabilities via Market Standards under Tools & Resources or in the Antitrust practice page in Practical Guidance.

Resources:

• Market Standards Antitrust Top 10
• Market Standards for Antitrust

First Year Associate Resource Kits & Civil Litigation Process Maps

Find over a dozen popular First Year Associate Resource Kits to share with your incoming associates. Help them hit the ground running with comprehensive kits in a variety of practice areas. Resource kits include practice notes, templates and checklists that provide step-by-step guidance, in addition to, state law comparisons, trackers and training videos by sub-topic within a practice area.

Also share Civil Litigation Process Maps with your new associates guiding them through key stages of the life cycle of a typical federal or state court litigation matter. The process maps also provide comprehensive resources with step-by-step guidance on the most common tasks associated with the pre-litigation phase including detailed practice notes, annotated templates and checklists.

Practice Videos:

Over 180 videos, across 13 practice areas, have been available on Practical Guidance for some time. They are typically two to five minutes and allow users to quickly learn new topics. The new Video Center on Lexis+® brings a more visual YouTube®-like experience to practice videos and includes:

• Author information, links to the author’s page (if available), short video description, date stamp and currency stamp (“Maintained”)
• “Transcript”: a full, searchable transcript of the audio of each video
• “Related Content”: includes practice notes, clauses, templates, checklists, or articles selected by our editorial team

Search results now include videos giving you more ways to choose how to get up to speed on legal topics. Although the Video Center homepage will only be available on Lexis+, these videos can be searched and played in Lexis® as well.

View additional enhancements by practice area here.

Visit the Practical Guidance Support & Training site for teaching and learning resources

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