Tuesday, December 1, 2020

What's Up At Division 1 (No. 6)

 I hope everyone had a safe and enjoyable Thanksgiving weekend.  We "emptied" out our garage, had a few socially distanced appetizers, and then split up food prepared by all to go home with a small group of our family.  My 9 year old daughter decorated the driveway with spray chalk for the occasion!  For the first time, we bought a turkey from a local farm (24+ pounds!).  Photos of both are below.



Be on the lookout for a new column in Under Construction featuring litigation and dispute resolution articles called Dispute Resolver.  The paper and e-blast should arrive by the second week of December.  This is a great time to potentially get published twice! First, by The Dispute Resolver and second by Under ConstructionUnder Construction's editorial staff will work with you to update and modify your article for that publication.  If you are interested, contact me or Catherine Delorey for more information.

We are going to start our first D1 Toolbox Talk Series in late January 2021.  News about that series' rollout and new logo (thanks Jade Davis!) will be published later this month.  

We are streamlining our D1 Neutral Series.  If you are a mediator or arbitrator, and a D1 member, contact me and we will add you to our list.  

Our other initiatives are moving along nicely as well including the CLE working committee and program concepts committee.  Thanks to all of you working on those programs.  

On December 15th, one deliverable from our CLE working committee is occurring.  Please support D1 members, George Fink and Jessica Sabbath, for their webinar.  It is a two part series on construction scheduling.  

Register for Part 1 (12/15 | 1PM ET): https://www.americanbar.org/events-cle/mtg/web/407616247/  Program description is below.

What You Don’t Know Can Hurt You and Your Client: Scheduling for Construction Attorneys, Part I


The construction schedule is a critical source of information for construction claims attorney and represents key evidence for most delay claims. Construction attorneys need to understand the basic principles involved in the development and maintenance of construction schedules. Concurrent critical paths, fragnets, excusable delay and revised baseline schedules are all terms you need to know.

This first of a two-part series will acquaint you with basic scheduling terms and techniques so that you can understand the scheduling terminology and effectively communicate with your expert. Our distinguished Panel will also address the following important issues common to construction claims: What type of contract scheduling clauses work and what don’t? Should the schedule be resource and cost loaded? Who owns the float? What happens when a contractor submits an early completion schedule? What should you look for in a schedule update? The Panel will also discuss the guidance from American Courts and Boards regarding scheduling on construction projects. The course will be eligible for 1.5 CLE.

Thanks for all you do for Division 1.  Contact me if you want to learn more about Division 1 (Litigation & Dispute Resolution) or the ABA Forum on Construction Law.  

Tom Dunn, Chair, Division 1 (Litigation & Dispute Resolution), rtdunn@PierceAtwood.com

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