Construction OberView - Summer 2008


What?s new?? Well, lots actually. In this issue of Construction OberView, we discuss three new developments

in very different areas of construction law. First, Jeffrey Regner addresses the rapidly developing new field of Building Information Modeling (BIM). As usual, the

new technology will result in novel legal issues and problems. These include interesting questions such as who

assumes design responsibility under BIM, and what happens to the warranty of design per the Spearin doctrine.

Next, Ian Friedman addresses the new Maryland law limiting retention on construction projects to five percent. Finally,

Jack Morkan tackles a very recent Supreme Court case that, for the first time, addresses subcontractor liability

issues under the False Claims Act. FCA suits represent the fastest growing area of federal litigation. Ready or not, these cases are coming your way.

As always, we thank our authors for their thoughtful pieces and our editor Jay Bernstein for his good work. We

welcome your questions and comments.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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