Subcommittees

 

Subcommittee Descriptions

ADR

The ADR Subcommittee's primary goal is to serve as the focal point for receipt and dissemination of information regarding the use of alternate dispute resolution mechanisms to resolve construction disputes. This effort includes the development of and participation in educational programs, as well as the publication of articles and papers concerning developments in the alternate dispute resolution area. The Committee has taken a leading role in monitoring and educating the committee’s membership about changes to the Uniform Arbitration Act, the model rules of conduct for mediators, and state variations thereof.

Construction Defect

The Construction Defect Subcommittee examines the various legal strategies employed in the pursuit or defense of construction defect claims. The Subcommittee also provides its members opportunities to participates in the committee’s seminars and other programs, and to contribute articles and papers concerning the arbitration or litigation of construction defect issues.

Damages

The members of the Damages Subcommittee contribute to the Committee’s programs and publications on the best practices, the latest scholarship, and the most effective techniques available concerning the proof and recoverability of damages in construction litigation.

Design Professional Liability

The Design Professional Liability Subcommittee focuses on the liabilities of professionals providing architectural and engineering services on construction projects from the initial design through post-construction discovery of defects. The Subcommittee is intended to provide a forum for attorneys for every party that might be involved in the litigation of design liability issues, in addition to providing them with a means of obtaining speaking and writing opportunities.

Experts

The purpose of the Experts Subcommittee is to consider the role of experts in construction litigation, including their selection, retention, and use at every stage of a construction dispute, including pre-trial, trial, and alternative dispute resolution. This necessarily includes consideration of the relationship between lawyer and expert, including the legal and ethical obligations of each and their respective duties to the client. Its members are very active in the Committee’s programs.

In-House Counsel

The In-House Counsel Subcommittee has been established to create a unique forum for the expression of the special concerns of in-house counsel for the lender, owner/developer, general and trade contractor, and surety companies who regularly become involved in public or commercial construction contract litigation and alternative dispute resolution. One of the goals of the Subcommittee is to identify its members’ special concerns in dealing with litigation or ADR and to explore how these concerns might be resolved. These concerns include how in-house counsel can involve themselves most effectively in the management and control of claims litigation and ADR, both before and after outside counsel have been retained. The Subcommittee’s members will also be featured as speakers at Committee sponsored programs.

Insurance Coverage

The Insurance Coverage Subcommittee focuses its attention on insurance coverage issues, including indemnity questions, contractual liability, additional insured endorsements, default and performance situations, notice of claim issues, and general insurance coverage questions and disputes. Additionally, the Subcommittee provides ongoing support to the Construction Litigation Committee by working to accomplish the following goals: (1) developing and enhancing communication among the Committee's members in matters related to insurance coverage, (2) submitting contributions to the Committee's newsletter, Construct!, and (3) identifying and developing potential insurance coverage topics for future Committee programs. The Subcommittee's members represent owners, developers, sureties, contractors, and design professionals in construction litigation and general commercial matters, and include in-house attorneys and consultants, as well as attorneys practicing with private law firms. The Subcommittee sponsored one of the most popular programs at the 1998 National Institute and will be sponsoring the program at the Atlanta ABA Annual Meeting.

Liaison

The Liaison Committee will work with other professional organizations, ABA committees, sections and the Forum on Construction, and state and local bar groups to identify areas of mutual interest and opportunities for cooperation and co-sponsorship.

Membership

The Membership Subcommittee is a small but important part of the Committee. Its focus is on increasing membership on the Committee, increasing participation in Committee and subcommittee activities, membership retention and education and integration of new members into the fold. It also plans or assists in planning networking activities, dinners and receptions.

Publications

The Publications Subcommittee edits and publishes Construct!, the Committee's newsletter and oversees the Committee’s website. Construct! is published four times a year and contains articles submitted by members regarding recent developments in the law and analyses of substantive issues related to the construction industry. It also disseminates information about Committee and subcommittee activities to all members. The Committee’s website contains hot-line cases, information about the Committee’s activities and its leadership.

Program

The Program Subcommittee, in cooperation with the other substantive subcommittees, is responsible for development and creation of the Committee's programs at the Annual Meeting of the Litigation Section, the Annual Meeting of the American Bar Association, the Mid-Year Meeting of the Committee and Regional Meetings. In connection with the Committee's Mid-Year Meeting, the Program Subcommittee interfaces with the ABA Forum on the Construction Industry. These programs provide the Committee with broad opportunities to educate its members and other members of the ABA, as well as providing opportunities for networking and allowing members to attend and participate in the programs sponsored by the Construction Litigation Committee.

Diversity & Outreach

The Diversity and Outreach committee is dedicated to increasing the membership, involvement and visibility of women, minorities and young lawyers and other construction professionals within the Construction Litigation Committee, to assist them in furthering their careers, networking and becoming better professionals. The Subcommittee will also assist the Committee in meeting the goals and objectives of the Litigation Section’s Diversity Plan.