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Volume 2, Issue 6
December 2016


First Issue

Second Issue

Third Issue

Fourth Issue

Fifth Issue

The views expressed in this newsletter are not necessarily those of ConsensusDocs. Readers should not take or refrain from taking any action based on any information contained in this newsletter without first seeking legal advice.


End of the Year Address
Brian Perlberg, Executive Director & Senior Counsel, ConsensusDocs

2016 is going out with a bang for ConsensusDocs with a just released comprehensive update to its flagship documents. A summary of changes can be found here. The construction law newsletter had a very good second year expanding its reach to new readers and covering the hottest legal issues impacting the construction industry. Below, you can find an easy to use index of all articles sorted by sequence in this end-of-the year issue. Thanks for reading and I look forward to an even better 2017!!

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Effective Risk Transfer—Indemnity Provisions and Additional Insured Requirements Using The ConsensusDocs 200 Series
Kirk D. Johnston, Partner, Smith Currie & Hancock, LLP

REVIEW OF ARBITRATION AWARDS: Lessons for the Construction Industry from the Tom Brady Case

Richard W. Foltz, Jr., Partner, Pepper Hamilton, LLP
James M. Kwartnik, Jr., Associate, Pepper Hamilton, LLP

Insurance Fraud Investigations On Construction Projects: An Increasing Phenomenon in Florida and Other States
Ralf R. Rodriguez, Partner, Peckar & Abramson, P.C.

ConsensusDocs to Release New Multi-Party IPD Agreement, Joining Party Agreement, and Guidebook for Standard Integrated Project Delivery Agreements

Carrie Ciliberto, ConsensusDocs, Deputy Executive Director and Counsel

Read the First Issue

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SECOND ISSUE – APRIL 2016 How to Use the Best Changes Clause Ever
Charles W. Surasky, Partner, Smith Currie & Hancock, LLP

Do No-Damage-for-Delay Clauses Bar Acceleration Claims?

Robert E. Heideck, Partner, Pepper Hamilton LLP
Kenneth A. Cushing, Associate,  Pepper Hamilton LLP

How to Streamline P3s Selection Process with a Preliminary Development Agreement
Frank M. Rapoport, Partner,  Peckar & Abramson P.C.

Retail Contractors Association Joins ConsensusDocs Coalition

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THIRD ISSUE – JUNE 2016 ConsensusDocs 750 Article 10: Subcontractor Defaults – Step By Step
Charles W. Surasky, Partner, Smith Currie & Hancock, LLP

The "Lien-Ability" of Field Change Directives Under Typical Construction Lien Laws?
Jonathan PreziosiPartner, Pepper Hamilton LLP
Stephanie L. Jonaitis, Senior Attorney, Pepper Hamilton LLP

Mitigating the Risks of Cyberattacks in the Construction Industry
Ralf R. Rodriguez, Partner, Peckar & Abramson P.C.
K. Stefan Chin, Senior Associate, Peckar & Abramson P.C.

A Growing Family: My Secret Life with ConsensusDocs over the Years
Matthew J. DeVries, Partner, Burr & Forman LLP

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FOURTH ISSUE – AUGUST 2016 Use of Drones in Construction:  New Rules and Legal Issues
Warren E. Friedman, Senior Counsel, Peckar & Abramson P.C.

ConsensusDocs 752 and the Unique Aspects of Subcontracts on Federal Government Construction Projects
Douglas L. Tabeling, Partner, Smith Currie & Hancock, LLP

False Claims Act - Implied False Certification Theory of Liability Recently Defined by Supreme Court Should Be a Concern for Contractors
Marion T. Hack, Partner, Pepper Hamilton LLP
John H. Conrad, Associate, Pepper Hamilton LLP

Save Money on Citrix Through ConsensusDocs
Carrie L. Ciliberto, Deputy Executive Director and Counsel, ConsensusDocs

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Handling Electronic Documents Under ConsensusDocs 200.2 and Associated Legal Risks
Kathleen Hsu, Associate, Smith Currie & Hancock, LLP

Court Holds That Arbitration Clause In AIA A201-1997 Does Not Apply To Post Construction Disputes
Jane Fox Lehman, Associate, Pepper Hamilton LLP

Common NPDES Construction Stormwater Permitting Consideration
Nick R. Hoogstraten, Senior Counsel, Peckar & Abramson, P.C.

Read the Fifth Issue

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For additional information on ConsensusDocs, please visit www.ConsensusDocs.org, or you can contact us at (866) 925-DOCS (3627) or support@consensusdocs.org.