Matt’s Blog
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Construction Industry Alternative Dispute Resolution: Six Reasons ADR May Be Right For Your Next Construction Project
Additionally published at https://www.faegrebd.com/onconstructionlaw For over a century, the American construction industry has promoted the use of non-judicial dispute resolution methods. Construction industry participants and “insiders” know how construction projects are delivered and have the in-depth knowledge required to understand and successfully resolve disputes. Below are six generally accepted perceptions in the construction industry that […]
Propriety of Class Action Waivers in Illinois/Chicago Residential Leases
There is no prohibition against class action waivers in residential leases under Illinois state law or Chicago city ordinances. The Illinois Supreme Court holds that class action waivers are not per se unconscionable or unethical. Class action waivers are evaluated on a case by case basis, under a totality of the circumstances, to determine whether […]
Engineering Third-Party or “Peer” Reviews: Do Not Overlook State Licensure Laws
Recently, I have seen an uptick in professional licensure questions regarding engineering peer-reviews. Sometimes, in today’s interconnected world, state borders can be mistakenly overlooked on large-scale construction projects—especially in a peer-review context where a professional is simply rendering an opinion. Engineers licensed in one state may be asked to provide their expertise on projects taking […]
Matt McCubbins Joins Faegre’s Construction and Real Estate Litigation Group
Fort Wayne (13-September-2016)- Matt McCubbins has joined Faegre Baker Daniels as an associate in the construction law and real estate litigation practice group. He will work from the firm’s Fort Wayne office in order to focus on multiple key client relationships, while providing service to other national clients with team members across the firm’s global […]
The Ten Most Widely Used Alternative Dispute Resolution Methods
Additionally published at https://www.faegrebd.com/onconstructionlaw Over the past two decades, arbitration has lost some of its luster as the best method to resolve construction industry disputes. The perceived “judicialization” of arbitration is at the heart of the industry’s recent dissatisfaction. Arbitration frequently assumes the hallmarks of a judicial proceeding — unlimited discovery, extensive motion practice, heavy […]
Attention Indiana Commercial Landlords: Mechanic’s Liens Resulting from Tenant-Required Build-Outs Can Affect Your Entire Parcel of Property
Additionally published at https://www.faegrebd.com/Updates Commercial property leases often require tenants to construct improvements. Contractors and tradesmen performing that work generally have the right to file a “mechanic’s lien” on the real-property for the value of their materials and services. The purpose of a mechanic’s lien is to ensure payment. In Indiana, the general rule is […]
Cancellation Clauses Can Provide Clear Remedies to Product Suppliers
What are the UCC default rules for cancelling contracts or orders and what rights and remedies do sellers have when such a cancellation occurs? Two general scenarios are analyzed below: (1) contracts providing for successive performances of indefinite duration, and (2) “stand alone” contracts that do not provide for such successive performances. Contracts Providing for […]