51·çÁ÷

One of the most wasteful aspects of the construction process is the litigious and adversarial nature of getting a project built. Part of the problem stems from contractors not understanding what lawyers can and cannot do for them and from lawyers not understanding the business of construction. 51·çÁ÷ and the American Bar Association Forum on the Construction Industry (FOCI) are trying to do something about it. The FOCI is the largest organization of construction lawyers in the United States and abroad with more than 6,000 construction attorneys.  At the June 51·çÁ÷ Building Contractors Conference, 51·çÁ÷ and the FOCI signed a partnering agreement to increase communications and understanding between the construction industry and construction attorneys.  J. Doug Pruitt, 51·çÁ÷'s President, signed the agreement and commented that general contractors' interactions with attorneys often revolve around depositions.  The partnering agreement is a proactive step to develop helpful tools designed to drive better solutions.  Rather than reactively "lawyering up" for litigation, there is a recognition that the best construction attorneys function as facilitators of solutions. Among other action items, the Partnering Agreement calls on the organizations to promote the reasonable allocation of both risk and responsibility as an essential element for all construction contract relationships.  The development of ConsensusDOCS standard contracts is an example in which the entire industry came together, including 51·çÁ÷ and individual members of the FOCI, to make a positive difference. By expanding upon ongoing collaboration, 51·çÁ÷ and the FOCI help to facilitate better project construction outcomes for tomorrow, starting today. When the FOCI's leadership decided to increase and formalize outreach activities with the design and construction organizations, FOCI Chair Robbie MacPherson approached 51·çÁ÷ as the first association to begin this effort.  This agreement will help expand the recent collaborative activities between the 51·çÁ÷ and FOCI, which have already begun to occur.  For instance, the FOCI's most recent fall program focused on the ConsensusDOCS contracts, and included several 51·çÁ÷ members and staff.  The meeting garnered a record-setting attendance, and some prospective attendees had to be turned away due to capacity limits.  The FOCI in turn co-presented a new and highly successful series of educational programs on construction law and contracts at the most recent 51·çÁ÷ Convention.  For more information, contact Brian Perlberg at (703) 837-5318 or perlbergb@agc.org.