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The Second Best Way to Mitigate Your Risk in Green Building

Green Building Law Update

The best way to mitigate risk in your green building project are properly drafted contract documents prepared by this law firm or by another attorney with green building experience. As I posted in this blog less than a year ago, Less than 20% of Green Building Contracts are Properly Drafted. That may sound self serving, but it is true.

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Reliance on Letter Agreement Defeats Architect’s Copyright Claim

Construction Lawyer

LEXIS 118757 (August 26, 2014), illustrates once again that letter agreements should be avoided by design professionals. Some time later, the architect drafted an AIA contract which the owner marked up with various changes. The architect did not accept any of the changes and the AIA contract was never signed.

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Arbitration is Why There is So Little Litigation in Green Building

Green Building Law Update

And there is no question that a properly drafted provision in a contract requiring arbitration is enforceable. With over a million contract documents licensed on an annual basis, the AIA’s form construction documents are the most widely used contract documents in the industry. And always consult your attorney before signing.

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Arbitration including Religious Arbitration in Green Building Contracts

Green Building Law Update

There is little question that a properly drafted provision in a contract requiring arbitration is enforceable. With over a million contract documents licensed on an annual basis, the AIA’s form construction documents are likely the most widely used contract documents in the industry. And always consult your attorney before signing.

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Implied Copyright License

Construction Lawyer

The standard AIA agreements contain an express license. For instance, AIA Document B101 (2007), the owner-architect agreement, contains this provision: § 7.3 For instance, AIA Document B101 (2007), the owner-architect agreement, contains this provision: § 7.3 the license granted in this Section 7.3

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A Plea for Clarity in Construction Contracts

Construction Lawyer

Frequently, the parties do not consult with a construction attorney when drafting contracts. Architects are among the worst offenders, often choosing to use “letter agreements” that they have cobbled together from various sources. The “plain and simple” document drafted by the architect is not clear. An example.

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constructionattorneyblog: AIA plans change to Statute of Limitations.

Construction Lawyer

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

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