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Considerations for Drafting Contractual Dispute Resolution Provisions in Chicago
Considerations for Drafting Contractual Dispute Resolution Provisions in Chicago
Written by Jeremy S. Baker - Dispute resolution clauses in contracts should be drafted to promote the negotiated resolution of disputes in a fair, timely, and cost-effective manner before the parties must resort to binding dispute resolution methods, such as arbitration or litigation, which are...
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What are the Advantages of Private Arbitration Over Public Court Litigation?
advantages of private arbitration
Discover the advantages of private arbitration over litigation in a court of law. Private arbitration provides several benefits, including its predominantly private nature. Unlike public court litigation, arbitration ensures confidentiality without leaving behind a public record of filings, preserving the privacy of the involved parties....
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Beware the “One Year” Warranty: Contractor Callback Periods v. Warranties of Quality Work
Beware the “One Year” Warranty:  Contractor Callback Periods v. Warranties of Quality Work
Contractor “callback periods” and “warranties of quality” are different concepts. The distinction between them is a little understood – yet very important – nuance in construction contracts. Callback periods frequently do have a contractual expiration date, often one year after the completion of work. This...
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AIA’s New 2019 Construction Manager as Constructor (CMc) and Construction Manager as Adviser (CMa) Contract Documents
AIA’s New 2019 Construction Manager as Constructor (CMc) and Construction Manager as Adviser (CMa) Contract Documents
Construction Management (CM) is not a single approach to project delivery. Rather, it is a sliding scale with endless possible permutations depending on the project and its participants. The ends of the spectrum are Construction Manager as Constructor (CMc), which is also sometimes known as...
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Fixed Fee v. Cost-Plus GMP: Which is Best?
Fixed Fee v. Cost-Plus GMP: Which is Best?
There are good reasons for real estate developers and project owners to prefer a “Fixed Fee” approach over a “Cost-Plus-Fee-up-to-Guaranteed-Maximum-Price (GMP)” approach to paying for construction work. But Cost-Plus GMP Contract Agreements have many virtues as well. Which is best? There is no one correct...
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They Don’t Call It the “Critical Path” For Nothing: Delay-Related Claims For Extra Time and Money
They Don’t Call It the “Critical Path” For Nothing: Delay-Related Claims For Extra Time and Money
Portions of this post first appeared in “Article 8, Time,” Chapter 8 in The 2017 A201 Deskbook, American Bar Association (ABA) Forum on Construction Law (2017), co-author Jeremy S. Baker Benjamin Franklin famously quipped “lost time is never found again.” While building projects can be...
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Project delivery methods for design and construction
Project delivery methods for design and construction
This post is about “designing” the web of contracts for design and construction projects. That web is called a “project delivery method,” and there are many ways to engineer that web of contracts. The article is not about claims or disputes. Not overtly, at least....
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Jeremy Baker Featured on The Quit Getting Screwed Podcast
Jeremy Baker Featured on The Quit Getting Screwed Podcast
It's time for another breakdown of lien laws in the U.S.! This week, Karalynn is taking a trip back to her home state of Illinois with Jeremy Baker, a clever and committed construction attorney in IL. From your Illinois lien timelines to when you are...
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Jeremy Baker Featured on The Law Entrepreneur Podcast
Jeremy Baker Featured on The Law Entrepreneur Podcast
Starting your own practice isn’t something they teach in law school. Join me as I sit down with legal professionals to hear firsthand accounts of just how they did it. In this episode, Neil and Jeremy discuss: Lessons for moving into your own solo firm...
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Jeremy Baker Presents “Construction Law 101: A Primer for Real Estate Litigation Attorneys”
Jeremy Baker Presents “Construction Law 101: A Primer for Real Estate Litigation Attorneys”
Construction Law 101: A Primer for Real Estate Litigation Attorneys. In recognition of Construction Month for the Real Estate, Condemnation and Trust Committee, this Roundtable will provide a primer for real estate attorneys on considerations of and practice points on construction litigation. This presentation focuses...
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