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18 Oct 2022 Author : InfoPro Community Manager

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.

    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
    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.
    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

    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  

    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
    Contractor’s Fixed-Price Construction Contract Checklist
    Construction Contract
    Agreement Between Owner and Architect
    Construction Subcontract Agreement
    Pay if Paid Clauses (Construction Subcontract)

    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 
    Presidential Executive Orders Affecting Construction Industry Tracker 
    Renewable and Clean Energy Tax Incentives State Law Survey 
    Water Rights and Uses Checklist

    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
    Defending Construction Contractor’s Claims—Has the Contractor Released Its Rights?

    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
    Using Evidence to Demonstrate a Contractor’s Bad Performance: What Can We Learn from Southwest Electric Contracting Services v. Industrial Accessories Co.?

    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 
    Trigger of Coverage for Construction Defects and Non-latent Injury and Damage Claims State Law Survey
    Supply Chain Insurance Claims Checklist

    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
    Final Rule Amends FAR Part 25 Domestic Content Threshold Under Buy American Act
    Checklist: Davis-Bacon Act Compliance Checklist
    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
    Construction Loan Due Diligence Checklist
    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.



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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