New Construction Law Practice Area in Practical Guidance

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, plus 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. In addition to guidance and lien forms for more than 20 jurisdictions, resources include:
   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)

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