Under Construction - March 2012


Letter from the Editor

by Jim Sienicki

In our first issue of 2012, we start off with a timely article about construction and social media from Rick Erickson and Nicole Sornsin. Rick will present the same topic at this week’s annual Associated General Contractors of America Conference. Their article discusses the importance of developing a social media plan to a) document the information used to communicate various aspects of construction projects and b) to help avoid potential legal dilemmas while posting such information.

Scott Sandberg then addresses the latest from Colorado regarding a construction defect case whereby the Colorado Court of Appeals, in a case of first impression, clarified the timing of the statute of repose for a multi-phased construction project involving a condominium HOA, the general contractor and its subcontractors.

In the third article, Josh Grabel writes about an Arizona condominium project that failed during the recession and different parties with conflicting interests and the doctrine of equitable subrogation. The article addresses the complexities involved in determining which party has priority rights.

The fourth article, by Stuart Einbinder and Jeffrey Singletary, cites a recent California court case involving a construction project that was completed late and outlines the consequences of the contractor’s failure to follow the notice and claims procedures outlined in the contract.

Marc Erpenbeck then examines four major trends in energy production and their potential impact on the construction industry. Public private partnerships may need to be developed to provide funding for these various energy-related construction projects.

In the sixth article, Brett Johnson and Sara Agne discuss the importance of companies doing business with governmental agencies documenting their interactions regarding contract performance and establishing policies for documentation and recordkeeping.

Next, Mike Yates and I discuss the importance of having a basic understanding of the rules and law governing contract interpretation. We identify seven rules of contractual interpretation in testing the reasonableness of contractual interpretations.

In the final article, Leon Mead discusses the protections offered to Nevada contractors, subcontractors and materialmen in public private partnerships under Nevada law.

We look forward to hearing from you if you have any suggestions for future editions of this newsletter. We look forward to more construction projects, continued friendships and new possibilities in 2012.

Jim Sienicki

Construction and Social Media – Do You Have a Plan?

by Rick Erickson and Nicole Sornsin

At this year’s Arizona State Bar Convention and at the Annual Convention hosted by Associated General Contractors of America, we will be focusing our presentations on social media and its growing impact on the construction industry....

[Read the entire newsletter.]