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Three new bid protests were recently filed by �鶹��ý members that incorporate �鶹��ý’s legal theory challenging the government’s new PLA mandate. While bid protests challenge specific project awards at the U.S. Court of Federal Claims, the legal theory developed for �鶹��ý by outside counsel at Fox Rothschild aims to strike down the government’s PLA mandate across the board. The �鶹��ý-legal theory challenges the lawfulness of the government’s new PLA mandate as an unlawful socio-economic set aside that Congress never authorized. Consequently, this violates the Competition in Contracting Act (CICA).

The 39th annual Construction Super Conference is headed to the Cosmopolitan of Las Vegas, from December 9-11, 2024. The premier event designed specifically for mid- to senior-level professionals who deal with legal and risk management issues in construction. ConsensusDocs is a proud sponsor of the marquee conference. Mark your calendars for a comprehensive experience that will provide you with the knowledge, resources, and networking opportunities to tackle today's industry challenges head-on.

With the addition of two new federal bid protests, �鶹��ý is aware that four �鶹��ý-member construction firms have now filed federal bid protests objecting to project solicitations that require a project labor agreement (PLA). All four protests have led the government to voluntarily suspend the contract awards for the procurements while the protests are still pending. As reported recently in this article, the protests utilize a legal theory that �鶹��ý helped create with outside counsel at Fox Rothschild. All four protests are pending before the U.S. Court of Federal Claims.

Dispute Review Boards (DRBs) help avoid and resolve disputes. ConsensusDocs is offering an upcoming webinar on Dispute Review Boards (DRBs). All �鶹��ý members receive a discount. Learn how DRBs enhance project success and how you can use DRBs to create a “claim-free zone.” You will also learn critical practice pointers on how to set up a DRB to maximize its effectiveness. Register here.

When choosing between the American Institute of Architects (AIA) and ConsensusDocs design-build contract documents, owners and contractors must understand how each will yield vastly different results on critical issues such as managing timely and sufficient design services. Both ConsensusDocs and the AIA publish coordinated families of standard design-build contract documents. This article explores why ConsensusDocs offers more balanced provisions that better protect design-builders and owners, making it a more favorable choice for managing design services effectively.

Deadline to submit proposals is September 9, 2024

�鶹��ý just released a must-read for construction professionals seeking to safeguard their projects and ensure successful outcomes: "Preventing and Managing the Risk of a Subcontractor Default - A Best Practices Checklist." This comprehensive checklist is designed to enhance your risk management strategy, covering key areas such as prequalifying subcontractors, using contracts to manage and reduce risks, and monitoring contract performance to mitigate defaults. It offers practical tips and actionable insights and was written by �鶹��ý’s Risk Management and Specialty Contractors Committees.

What do construction professionals really want from arbitrators, mediators, and dispute review board (DRB) members? Well, ConsensusDocs is hosting a series of ConsensusDocs webinars on July 16, July 18, and August 28 on alternative dispute resolution (ADR) procedures. Sign up and prepare by reading the article “Achieving ADR Success Through Practice and Experience: Survey Results of What Attorneys and Arbitrators Want in Construction Mediation and Arbitration" by Dean Thomson and Julia Douglass, which provides helpful data on the topic. Through comprehensive surveys and analysis, the authors identify gaps between theoretical assumptions and actual practices and preferences and offer insights into improving dispute resolution processes in the construction industry.