Blog | Construction & Design Law | Legal Insights & Updates

Understanding The New Role of the AIA Forms Digital Practice Documents

Dec 13

The AIA’s 2013 Digital Practice Documents play a prominent – yet little understood – role in the AIA’s newest Contract Documents. While previously optional, Digital Practice Document use is now expressly required by the unedited standard form language of the Owner-Architect Agreement (B101-2017), Owner-Contractor Agreement...

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Business Considerations for Owners and Architects Regarding AIA B101-2017 Documents

Dec 13

The AIA’s “new” B101-2017, the latest version of its flagship Owner-Architect Agreement, carries over concepts from its widely-used predecessor, B101-2007. Users of the 2007 form will find the 2017 revision familiar. But the new B101-2017 is different in important and subtle ways, and some of...

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Considerations for Drafting Contractual Dispute Resolution Provisions in Chicago

Dec 04

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?

Nov 24

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

Oct 30

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

Oct 26

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?

Oct 20

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

Oct 05

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

Sep 04

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

Aug 17

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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Contact

Contact Jeremy S. Baker, a Chicago-based design and construction attorney who served at “big law” firms for nearly 18 years before launching Baker Law.

(312) 621-7184

Cook County Office 33 N. Dearborn,
Suite 1000
Chicago, IL 60602

Office meetings by appointment only.

Lake County Office 790 Estate Drive,
Suite 200
Deerfield, IL 60015

Office meetings by appointment only.