Notes from the Editor

AuthorBy Lauren Catoe
THE CONSTRUCTION LAWYER 3Volume 42 Issue 1 2022
Published in
The Construction Lawyer
, Volume 41, Number 4. © 2022 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not
be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
Three of the four articles in this
issue of The Construction Law-
yer are focused on management.
As construction lawyers, our
management skills are tested in
a number of ways: from manag-
ing our time to managing client
expectations. Apart from learn-
ing and sharpening our own
management skills over the course of our careers to be an
effective construction lawyer, it is helpful to understand
the management issues and challenges our construction
industry clients face in fullling their respective roles. This
allows us to provide legal advice in the context of our
clients’ business objectives and concerns and clients typi-
cally appreciate that.
In the rst article of this issue, Managing Integrated
Project Delivery, authors Jean M. Terry, E. Mitchell
Swann, and Carmella Mastrianni discuss the potential
benets and drawbacks of integrated project delivery
methods versus more traditional project delivery methods.
They note that integrated project delivery is “an organic
solution to a longstanding problem” that “seeks to elimi-
nate inefciencies and utilize group cohesion for the good
of the project.” However, it will take some more time and
experience for construction industry participants to dene
project roles, risk/reward allocations, and contract pro-
visions in a manner that moves further away from those
that have come to be known in more traditional project
delivery methods, such that a truly integrated approach
to project delivery is better achieved.
In Managing Design Professional Consultants: Meth-
ods, Challenges, and Potential Liabilities, Barry J. Miller,
Jonathon Korinko, and Robynne Thaxton provide an
overview of “lean construction” and its impacts on project
design development and the role of the design profes-
sional. Among other things, one of the primary goals of
lean construction is the reduction of time and cost inef-
ciencies that result from distinguishing between a project’s
design and construction phases, without a corresponding
reduction to quality. To realize the sought-after benets
of lean construction, a collaborative risk model should
be adopted by project participants, but, as noted by the
article’s authors, implementation of a shared approach to
risk raises some issues regarding the design professional’s
standard of care and liability that should be considered
by design professionals and their legal counsel.
John P. Ahlers, Cameron Sheldon, and Hanna Lee
Blake write about an important topic in the third article
of this issue, Management of Contract Terminations from
Multiple Perspectives. This article summarizes the status
of the law on terminations for cause. It also includes prac-
tical suggestions for terminating parties and terminated
parties, as well as a discussion of the surety’s role in a
termination for cause and tips for performance bond
obligees. Although terminations for cause almost always
result in headaches for construction lawyers and our cli-
ents, following the applicable recommendations in this
article may help alleviate the pain.
Our fourth article is truly a “bonus.” Taking the Road
Less Traveled: Highway Construction and the Carbon
Credit Bonus, by Tyler Mlakar, is the winning article
from the Forum’s 2021 Student Writing Competition.
In his article, Tyler proposes a “Carbon Credit Bonus”
as a means for state and local transportation agencies to
“incentivize highway contractors to adopt more climate-
friendly construction methods and materials, invest in
greener technologies, and ultimately reduce the highway
construction industry’s massive carbon footprint.” This
article is a great read and excites me about the future
of our profession (to which Tyler will be a wonderful
addition). Tyler is a recent graduate of the University of
Arkansas School of Law. His immediate plans include
clerking for the Honorable Bobby Shepherd of the Eighth
Circuit Court of Appeals in El Dorado, Arkansas, for a
year before joining the Rose Law Firm in Little Rock,
Arkansas, as an associate, where he intends to practice
construction law. Congratulations to Tyler!
Lauren Catoe, based out of Tampa, Florida, is editor of The Construction
Lawyer and assistant general counsel of AECOM Hunt.
Lauren Catoe
By Lauren Catoe
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