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Joe Cleves

Public Construction Statutes: If You Can't Beat 'Em, Join 'Em

With Integrated Project Delivery's (IPD's) promises of high-quality, timely, and economical projects, why are budget-strapped governments not the first in line to see whether IPD lives up to its reputation? Unfortunately, state…more

| Construction Law

Repeating The Same Mistake Goes Nowhere

Design-bid-build project delivery makes the contractor's bid (price) the key criterion for selection. Selection based on price requires that each competitor bid on the same scope and requirements. The architect prepares the…more

| Construction Law

Legal Issues With Building Information Modeling

The benefits of Building Information Modeling (BIM) are widely touted: Higher quality of work; better coordination among architect, engineers and trades; cost savings; and faster production. It is fundamentally different than…more

| Construction Law

IPD and Public Infrastructure: A Bridge Over Troubled Water

The Louisville and Southern Indiana Ohio river Bridges Project is currently one of the largest public infrastructure projects in America and continues to move toward construction. However, one of the major issues that must be…more

| Construction Law

A Road Less Traveled - The Purpose Behind Performance Bonds

Whispering Farms is a sprawling, upscale, residential development in suburban Cincinnati. The neighborhood boasts spectacular views of the Great Miama River, wooded lots and large homes. What Whispering Woods doesn't have,…more

| Construction Law

Smart Owners Know Their Options

Most Owners are unaware of the different project delivery methods available to them. This article quickly summarizes four project delivery methods available to Owners. The traditional and most familiar method contemplates an…more

| Construction Law

Risk Sharing in Integrated Project Delivery

The pinnacle of lean construction is integrated project delivery (IPD). With IPD, the owner, contractor and designer enter into one contract. The purpose is to create a collaborative approach and reduce overall risk to the…more

| Construction Law

How To Control The Owner's Risk In Construction

Controlling the risks inherent in a commercial construction project can be daunting, even for experienced owners. And the challenges are greater in today's economic environment. Experience shows that the risk of contractor…more

| Construction Law

A Major Shift In Kentucky Condominium Law

In 1962, Kentucky enacted laws regarding condominium regimes. Since that time, the law has remained largely unchanged for nearly 50 years. Only two court cases have been decided under the current law. Little guidance exists…more

| Construction Law

Uncertain Times Call for More Certain Measures

Today's uncertain economy gives owners more risk of contractors becoming financially distressed. If a contractor is financially at risk, progress can be delayed or halted entirely, resulting in loss of time and money. This…more

| Construction Law

Why Lean Economic Times Call For Lean Construction

Current economic times are creating stress in the construction industry. The industry is less efficient than it was 40 years ago. The search is on for a more efficient method of managing projects. On promising approach is…more

| Construction Law

Construction Contract Flow-Down Provisions

Construction subcontracts prepared by contractors generally contain flow-down provisions binding subcontractors to terms in the contractors' master agreement with the owner. Their purpose is to ensure that the obligations of…more

| Construction Law

Preventing Proposal Promises From Becoming Binding

The initial writing presented by a contractor to an owner is usually in the form of a proposal. Based on an optimistic mindset and incorporating elements of salesmanship, it can lead to a good dialogue regarding the project. …more

| Construction Law

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