History of The Construction Industry Forum
A Brief Overview
1.
Mission
The Forum on the Construction Industry was described many years ago as “a national opportunity for attorneys serving the construction industry to meet others in the construction field, attend educational sessions, exchange views and become acquainted with others having similar interest.” While the Forum has built substantially on that foundation over the years, the objectives recited in that narrative remain sound and serve as the organization's guiding mission statement.
2. The Creation of the Forum
What is now called the Forum on the Construction Industry was originally the Forum Committee on the Construction Industry (changed in 1984; see FCI Governing Committee minutes of November 11, 1984). The Forums evolved out of a concept espoused by Theodore A. Kolb in 1972 as part of his position paper of July 16, 1973 entitled “Creation of New Entity Forum”. Kolb felt that lawyers had begun to identify, not with the traditional ABA classifications of the profession, but “rather with the new classifications geared to the needs of clients.” He described these as “industry classifications rather than professional classifications.” A Standing Committee on Forum Committees was formed and in 1976 the creation of three Forum Committees was recommended. One of these was the Forum on the Construction Industry (FCI). No one opposed the creation of FCI. The individual proponent for the creation was Robert R. Hume who was at that time extremely active in the Fidelity and Surety Committee of TIPS. He let the House of Delegates know that he had already collected $15 from 150 experienced construction lawyers who wanted to join the Forum. This seed money was to be turned over to the ABA as dues when the Forum Committee was formed. Mr. Hume's enterprise and show of solvency apparently convinced the House of Delegates and the creation of FCI was approved. The first Chair of the Governing Committee was Robert R. Hume. The other initial Governing Committee members were Harold Gold, B. C. Hart, Williams M. Hoeveler, (later U.S. District Judge), F. Phillip Kirwan, Andrew B. Young, and Bryant K. Zimmermann. Within a year Judge Hoeveler was replaced by Douglas M. Reimer; Daniel Mungall, Jr., replaced Mr. Young. The first Forum program held in Chicago on April 28 and 29, 1977, attracted 148 paid registrants.
3. Governance
The Forum is governed by a Governing Committee composed of several at-large members and the Forum's three officers: the Chair, Chair-Elect, and Immediate Past Chair, each of whom serves a one-year term. The Chair-Elect must have served on the Governing Committee, and automatically assumes the positions of Chair and Immediate Past Chair at the conclusion of each succeeding term. The Governing Committee currently has 12 members (not including the Chair, Chair-Elect and Immediate Past Chair) with each member serving a three-year term.
Prior to 1994, the ABA President appointed the Forum's Chair and its Governing Committee. Members of the Governing Committee are now elected by the Forum's membership at its Annual Meeting. Editors of The Construction Lawyer and Under Construction and the Young Lawyers Division Liaison serve as ex officio members of the Governing Committee and are invited to attend all of its meetings.
The Chair appoints Budget, Membership, Publications, Technology, Program Liaisons and Program Chairs - some from the membership of the Governing Committee, and some from the Divisions. The Governing Committee meets regularly throughout the year to plan and guide the activities of the organization.
In addition to the Governing Committee, much of the work of the Forum is accomplished through its twelve Divisions. The Divisions are divided into areas which are intended to represent the various interest areas of the Forum membership. Division chairs are appointed by the Chair, with input from the Governing Committee, as are the members of the Division Steering Committees. A member of the Governing Committee is appointed to serve as a Liaison to each Division.
The Twelve Divisions are :
Division 1 Dispute Avoidance and Resolution
Division 2 Contract Documents
Division 3 Design
Division 4 Project Delivery Systems
Division 5 Contract Negotiations, Performance & Administration
Division 6 Employment Law & Labor Relations
Division 7 Bonds, Liens & Insurance
Division 8 International Contracting
Division 9 Specialty Trade Contractors and Suppliers
Division 10 Legislation & Environment
Division 11 Corporate Counsel
Division 12 Owners and Lenders
Division Steering Committee membership typically ranges in number from six to eight members, depending upon the size and focus of the Division. Each has adopted a Mission Statement, which is contained on the Forum's website and in the Forum's Directory (published annually), as are the names, addresses and phone numbers of the Division Chairs and Steering Committee Members.
4. Forum Educational Program
The Forum presents the following programs for the educational benefit of its members.
Annual Meeting - The Forum's Annual Meeting is held in April or May each year and is moved around the country to encourage membership attendance. It is typically a two-day meeting with a substantive educational program, including plenary sessions, workshops, and division breakfasts. The Forum's annual business meeting, at which a new Chair-Elect and new Governing Committee members are elected, is held at the Forum's Annual Meeting.
January Meeting - The Forum has historically met in January of each year in New York or San Francisco in conjunction with the TIPS Fidelity and Surety Law Committee. The Forum puts on a one-day program.
Fall Meeting - The Forum's Fall Educational Program is held in October each year and is moved around the country to encourage membership attendance. It is typically a one and a half day program including plenary sessions and a few division meetings.
Other Programs - The Forum has recently presented a Fundamentals Program in 15 different cities. The Forum has also launched a series of telephonic educational programs. Presentation of other programs is dependent upon organizational interest, Division support, and financial considerations. When appropriate, the Governing Committee has co-sponsored programs with other entities (both ABA and non-ABA, consistent with ABA guidelines).
ABA Annual Meeting - As a general rule, the Forum does not present any formal program at the ABA Annual Meeting. The Forum has occasionally held a reception and breakfast for its members as an opportunity to become acquainted with the incoming Chair. Additionally, the Forum has occasionally co-sponsored educational programs at the Annual Meeting.
Other Initiatives in Pursuit of the Forum's Mission
The Forum is also involved in a number of other activities aimed at furthering its mission.
Publications - The Forum publishes The Construction Lawyer , a national publication dedicated exclusively to topics of interest to construction practitioners. The Construction Lawyer is published quarterly and consists of high quality articles authored by Forum members and other construction practitioners and is mailed to all dues-paying members. All Forum members are urged to submit papers to The Construction Lawyer's Editor and the Publications Committee for potential publication. In addition, the Forum publishes a thrice-yearly newsletter -- Under Construction . Under Construction is issued both in paper form, which is mailed to all dues-paying members, and electronically, which is emailed to all dues-paying members. Further, the program materials from each educational program sponsored by the Forum are contained in bound volumes and are made available for purchase. A Directory of the members and associated members of the Forum is compiled by the ABA staff, published and disseminated annually to the membership.
Membership - Any person who is a member of the American Bar Association and a Section member is eligible to join the Forum. The Forum also has associate membership for persons who are not residents of the United States or who are not lawyers. Additionally, law student memberships are available to members of the ABA Law Student Division. The Forum has more than 6000 members and is one of the larger ABA entities.
ABA Goal IX - The Forum is committed to ABA Goal IX which is: “to promote full and equal participation in the legal profession by minorities and women.” In furtherance of that Goal, the Governing Committee has taken steps to diversify Forum membership and governance, including outreach efforts to minority and women's bar association and to state and local bar associations. In furtherance of Goal IX, the Forum has appointed a Liaison to the ABA Commission on Minorities, and has awarded three-year fellowships to deserving women and minority construction lawyers as an additional means of outreach. All members are encouraged to identify deserving candidates for these fellowships.
ABA Staff Support - The Forum receives experienced and highly capable staff support from the Chicago office of the ABA to support Governing Committee, Division and member activities. Alanna Sullivan, Forum Manager, provides assistance to the Chair, the Governing Committee, Division leaders, and can be reached in the Chicago office by all members and other interested persons.
The Forum on the Construction Industry was described many years ago as “a national opportunity for attorneys serving the construction industry to meet others in the construction field, attend educational sessions, exchange views and become acquainted with others having similar interest.” While the Forum has built substantially on that foundation over the years, the objectives recited in that narrative remain sound and serve as the organization's guiding mission statement.
2. The Creation of the Forum
What is now called the Forum on the Construction Industry was originally the Forum Committee on the Construction Industry (changed in 1984; see FCI Governing Committee minutes of November 11, 1984). The Forums evolved out of a concept espoused by Theodore A. Kolb in 1972 as part of his position paper of July 16, 1973 entitled “Creation of New Entity Forum”. Kolb felt that lawyers had begun to identify, not with the traditional ABA classifications of the profession, but “rather with the new classifications geared to the needs of clients.” He described these as “industry classifications rather than professional classifications.” A Standing Committee on Forum Committees was formed and in 1976 the creation of three Forum Committees was recommended. One of these was the Forum on the Construction Industry (FCI). No one opposed the creation of FCI. The individual proponent for the creation was Robert R. Hume who was at that time extremely active in the Fidelity and Surety Committee of TIPS. He let the House of Delegates know that he had already collected $15 from 150 experienced construction lawyers who wanted to join the Forum. This seed money was to be turned over to the ABA as dues when the Forum Committee was formed. Mr. Hume's enterprise and show of solvency apparently convinced the House of Delegates and the creation of FCI was approved. The first Chair of the Governing Committee was Robert R. Hume. The other initial Governing Committee members were Harold Gold, B. C. Hart, Williams M. Hoeveler, (later U.S. District Judge), F. Phillip Kirwan, Andrew B. Young, and Bryant K. Zimmermann. Within a year Judge Hoeveler was replaced by Douglas M. Reimer; Daniel Mungall, Jr., replaced Mr. Young. The first Forum program held in Chicago on April 28 and 29, 1977, attracted 148 paid registrants.
3. Governance
The Forum is governed by a Governing Committee composed of several at-large members and the Forum's three officers: the Chair, Chair-Elect, and Immediate Past Chair, each of whom serves a one-year term. The Chair-Elect must have served on the Governing Committee, and automatically assumes the positions of Chair and Immediate Past Chair at the conclusion of each succeeding term. The Governing Committee currently has 12 members (not including the Chair, Chair-Elect and Immediate Past Chair) with each member serving a three-year term.
Prior to 1994, the ABA President appointed the Forum's Chair and its Governing Committee. Members of the Governing Committee are now elected by the Forum's membership at its Annual Meeting. Editors of The Construction Lawyer and Under Construction and the Young Lawyers Division Liaison serve as ex officio members of the Governing Committee and are invited to attend all of its meetings.
The Chair appoints Budget, Membership, Publications, Technology, Program Liaisons and Program Chairs - some from the membership of the Governing Committee, and some from the Divisions. The Governing Committee meets regularly throughout the year to plan and guide the activities of the organization.
In addition to the Governing Committee, much of the work of the Forum is accomplished through its twelve Divisions. The Divisions are divided into areas which are intended to represent the various interest areas of the Forum membership. Division chairs are appointed by the Chair, with input from the Governing Committee, as are the members of the Division Steering Committees. A member of the Governing Committee is appointed to serve as a Liaison to each Division.
The Twelve Divisions are :
Division 1 Dispute Avoidance and Resolution
Division 2 Contract Documents
Division 3 Design
Division 4 Project Delivery Systems
Division 5 Contract Negotiations, Performance & Administration
Division 6 Employment Law & Labor Relations
Division 7 Bonds, Liens & Insurance
Division 8 International Contracting
Division 9 Specialty Trade Contractors and Suppliers
Division 10 Legislation & Environment
Division 11 Corporate Counsel
Division 12 Owners and Lenders
Division Steering Committee membership typically ranges in number from six to eight members, depending upon the size and focus of the Division. Each has adopted a Mission Statement, which is contained on the Forum's website and in the Forum's Directory (published annually), as are the names, addresses and phone numbers of the Division Chairs and Steering Committee Members.
4. Forum Educational Program
The Forum presents the following programs for the educational benefit of its members.
Annual Meeting - The Forum's Annual Meeting is held in April or May each year and is moved around the country to encourage membership attendance. It is typically a two-day meeting with a substantive educational program, including plenary sessions, workshops, and division breakfasts. The Forum's annual business meeting, at which a new Chair-Elect and new Governing Committee members are elected, is held at the Forum's Annual Meeting.
January Meeting - The Forum has historically met in January of each year in New York or San Francisco in conjunction with the TIPS Fidelity and Surety Law Committee. The Forum puts on a one-day program.
Fall Meeting - The Forum's Fall Educational Program is held in October each year and is moved around the country to encourage membership attendance. It is typically a one and a half day program including plenary sessions and a few division meetings.
Other Programs - The Forum has recently presented a Fundamentals Program in 15 different cities. The Forum has also launched a series of telephonic educational programs. Presentation of other programs is dependent upon organizational interest, Division support, and financial considerations. When appropriate, the Governing Committee has co-sponsored programs with other entities (both ABA and non-ABA, consistent with ABA guidelines).
ABA Annual Meeting - As a general rule, the Forum does not present any formal program at the ABA Annual Meeting. The Forum has occasionally held a reception and breakfast for its members as an opportunity to become acquainted with the incoming Chair. Additionally, the Forum has occasionally co-sponsored educational programs at the Annual Meeting.
Other Initiatives in Pursuit of the Forum's Mission
The Forum is also involved in a number of other activities aimed at furthering its mission.
Publications - The Forum publishes The Construction Lawyer , a national publication dedicated exclusively to topics of interest to construction practitioners. The Construction Lawyer is published quarterly and consists of high quality articles authored by Forum members and other construction practitioners and is mailed to all dues-paying members. All Forum members are urged to submit papers to The Construction Lawyer's Editor and the Publications Committee for potential publication. In addition, the Forum publishes a thrice-yearly newsletter -- Under Construction . Under Construction is issued both in paper form, which is mailed to all dues-paying members, and electronically, which is emailed to all dues-paying members. Further, the program materials from each educational program sponsored by the Forum are contained in bound volumes and are made available for purchase. A Directory of the members and associated members of the Forum is compiled by the ABA staff, published and disseminated annually to the membership.
Membership - Any person who is a member of the American Bar Association and a Section member is eligible to join the Forum. The Forum also has associate membership for persons who are not residents of the United States or who are not lawyers. Additionally, law student memberships are available to members of the ABA Law Student Division. The Forum has more than 6000 members and is one of the larger ABA entities.
ABA Goal IX - The Forum is committed to ABA Goal IX which is: “to promote full and equal participation in the legal profession by minorities and women.” In furtherance of that Goal, the Governing Committee has taken steps to diversify Forum membership and governance, including outreach efforts to minority and women's bar association and to state and local bar associations. In furtherance of Goal IX, the Forum has appointed a Liaison to the ABA Commission on Minorities, and has awarded three-year fellowships to deserving women and minority construction lawyers as an additional means of outreach. All members are encouraged to identify deserving candidates for these fellowships.
ABA Staff Support - The Forum receives experienced and highly capable staff support from the Chicago office of the ABA to support Governing Committee, Division and member activities. Alanna Sullivan, Forum Manager, provides assistance to the Chair, the Governing Committee, Division leaders, and can be reached in the Chicago office by all members and other interested persons.
