Bradley to Present at the 32nd Annual Construction SuperConferenceThree Bradley attorneys will participate in two different presentations at the 32nd Annual Construction SuperConference in Las Vegas, Nevada from December 4 – 6, 2017.

Bradley partners, David Owen and Jim Archibald, will facilitate a panel discussion on subsurface conditions entitled “Taking on Subsurface Risks: How to Allocate Subsurface Risk and Lessons Learned from an Owner, Contractor and Geotechnical Expert.” David and Jim will be joined by Tim Fisk from NRG Energy, Inc., Wilson Nash from Brasfield & Gorrie, Inc., and Dr. Dan Brown from Dan Brown & Associates.

Also, Bradley partner, Doug Patin, will present in a conference session regarding claim modeling and presentation entitled “High Tech Tools by Experts in Construction Litigation and Arbitration: How to Do It Right and How to Tear It Down.” Doug will be joined by Charles Choyce from Berkley Research Group, Benjamin Crosby from W.G. Yates & Sons Construction, and Anthony Meagher from DLA Piper.

In the session on subsurface conditions, David, who is also a registered professional engineer, will moderate the discussion, and Jim will provide a legal analysis of the different ways to allocate subsurface risks in the prime contract. Mr. Fisk, as an owner representative, will discuss some major subsurface issues that he has encountered on mega-construction projects. Mr. Nash, as an in-house lawyer for a general contractor, will speak about his experiences with subsurface conditions and some of the strategies that general contractors can apply to successfully mitigate risks. Finally, Dr. Brown, who is a renowned geotechnical expert and civil engineer, will present some subsurface case studies and explain how to interpret and utilize a geotechnical report.

In the session on claim modeling and presentation, the panelists will discuss how to effectively use graphic presentations to support claims and monitor the progress of the construction work. They will also analyze the effectiveness of contemporaneous Building Information Modeling, Critical Path Method scheduling, and 4-D presentations.

The panelist will also explain some of the mistakes that contractors make during construction that can have an adverse impact on their claims. Additionally, they will recognize some “best practices” and share examples where the panelist or their expert successfully resolved or presented a claim by appropriately using “high tech tools” during the construction or claims process. Finally, the attorneys on the panel will discuss how to attack 4-D presentations, and other advanced models or schedules, through effective cross-examination.

We look forward to the upcoming Annual Construction SuperConference and the chance to connect with our clients and colleagues.

Aron C. BeezleyBradley partner Aron Beezley recently published a Law360 Expert Analysis article on the jurisdictional issues associated with bid protests challenging the addition of other contractors to an indefinite-delivery, indefinite-quantity (or IDIQ) pool. As discussed in the article, the answer to the question, “Can my company protest the addition of other contractors to the IDIQ pool?” depends on whether you ask the Government Accountability Office (GAO) or the U.S. Court of Federal Claims. According to GAO, the answer is “no.” According to the Court, however, the answer is “yes.” Thus, as the article explains, companies seeking to challenge the addition of other contractors to an IDIQ pool should do so at the Court of Federal Claims, rather than at GAO.

The Expert Analysis article was published by Law360 on September 14, 2017. If you have any questions about any of the topics discussed in the article, please do not hesitate to contact Aron Beezley.