Building Up

Jeff and Brian chat with fire protection design professional and expert Steve Kowkabany on fire suppression / fire protection design, common design and installation deficiencies, the main causes of disputes regarding fire protection, and how these systems are inspected and maintained.

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The Building Up podcast is sponsored and presented by The Vertex Companies, Inc. and Watt, Tieder, Hoffar & Fitzgerald L.L.P. and cannot be copied or rebroadcast without each entity’s express written consent. The information in this podcast episode is provide for educational purposes only as well as to give you general information and a general understanding of the law and construction industry, not to provide specific legal advice. Please take notice that the content in this episode may not reflect the current law in your jurisdiction and that the opinions expressed in this episode are the opinions of the individual author, host, and/or guest and may not reflect the opinions of the Vertex, Watt Tieder, or any individual consultant or attorney.  No information contained in this episode should be construed as legal advice from Watt Tieder, Vertex, or the individual authors, hosts, or guests, nor is it intended to substitute for legal counsel on any subject matter.  By using or listening to this podcast, you understand that there is no attorney client relationship between you and the podcast authors, publishers, sponsors, presenters, hosts, or guests.  This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state, country, or other appropriate licensing jurisdiction.

In this episode, Jeff and Brian provide their thoughts and guidance on the steps contractors and subcontractors should take if they receive a notice of default. Since notices of default are often the precursor to a termination, contractors cannot take them lightly, and should work with company leadership, counsel, and consultants / experts to understand the risks they face and the ways to respond fully, promptly, and appropriately.

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The Building Up podcast is sponsored and presented by The Vertex Companies, Inc. and Watt, Tieder, Hoffar & Fitzgerald L.L.P. and cannot be copied or rebroadcast without each entity’s express written consent. The information in this podcast episode is provide for educational purposes only as well as to give you general information and a general understanding of the law and construction industry, not to provide specific legal advice. Please take notice that the content in this episode may not reflect the current law in your jurisdiction and that the opinions expressed in this episode are the opinions of the individual author, host, and/or guest and may not reflect the opinions of the Vertex, Watt Tieder, or any individual consultant or attorney.  No information contained in this episode should be construed as legal advice from Watt Tieder, Vertex, or the individual authors, hosts, or guests, nor is it intended to substitute for legal counsel on any subject matter.  By using or listening to this podcast, you understand that there is no attorney client relationship between you and the podcast authors, publishers, sponsors, presenters, hosts, or guests.  This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state, country, or other appropriate licensing jurisdiction.

Jeff and Brian are joined by Brian Perlberg – Executive Director and Senior Counsel for ConsensusDocs and in-house attorney for the Associated General Contractors of America – on the 15th anniversary of ConsensusDocs. Brian offers his perspective on the dynamics of contract generation and negotiation and dives into key provisions for any contract. With construction constantly developing through new delivery methods, new challenges, and ever-more complex projects, Brian shares how ConsensusDocs looks to stay ahead of the curve, while also reacting to the realities of a difficult market and uncertain economy.

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The Building Up podcast is sponsored and presented by The Vertex Companies, Inc. and Watt, Tieder, Hoffar & Fitzgerald L.L.P. and cannot be copied or rebroadcast without each entity’s express written consent. The information in this podcast episode is provide for educational purposes only as well as to give you general information and a general understanding of the law and construction industry, not to provide specific legal advice. Please take notice that the content in this episode may not reflect the current law in your jurisdiction and that the opinions expressed in this episode are the opinions of the individual author, host, and/or guest and may not reflect the opinions of the Vertex, Watt Tieder, or any individual consultant or attorney.  No information contained in this episode should be construed as legal advice from Watt Tieder, Vertex, or the individual authors, hosts, or guests, nor is it intended to substitute for legal counsel on any subject matter.  By using or listening to this podcast, you understand that there is no attorney client relationship between you and the podcast authors, publishers, sponsors, presenters, hosts, or guests.  This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state, country, or other appropriate licensing jurisdiction.

On this episode of Building Up, Jonathan Burwood, a partner in Watt, Tieder, Hoffar & Fitzgerald L.L.P.’s Boston office, joins the show to discuss the foundations of performance bonds in the construction industry with a specific focus on the AIA Document A312TM-2010 Performance Bond. We go over the general framework of the bond and the obligations and rights amongst and between the parties including the surety, principal contractor, and owner. Jonathan then walks us through his recent case and the First Circuit’s decision in Arch Ins. Co. v. The Graphic Builders LLC, 35 F.4th 12 (1st Cir. 2022), in which Jonathan successfully represented a surety in a dispute involving a claim under an AIA Document A312TM-2010 Performance Bond.

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The Building Up podcast is sponsored and presented by The Vertex Companies, Inc. and Watt, Tieder, Hoffar & Fitzgerald L.L.P. and cannot be copied or rebroadcast without each entity’s express written consent. The information in this podcast episode is provide for educational purposes only as well as to give you general information and a general understanding of the law and construction industry, not to provide specific legal advice. Please take notice that the content in this episode may not reflect the current law in your jurisdiction and that the opinions expressed in this episode are the opinions of the individual author, host, and/or guest and may not reflect the opinions of the Vertex, Watt Tieder, or any individual consultant or attorney.  No information contained in this episode should be construed as legal advice from Watt Tieder, Vertex, or the individual authors, hosts, or guests, nor is it intended to substitute for legal counsel on any subject matter.  By using or listening to this podcast, you understand that there is no attorney client relationship between you and the podcast authors, publishers, sponsors, presenters, hosts, or guests.  This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state, country, or other appropriate licensing jurisdiction.

Conor McGuire, Director of Sustainability at New-England based construction manager Columbia, joins the podcast to share his experience on sustainability in construction. Columbia has been a leader in sustainability practices and Conor discusses the practice and ethos of green building, challenges, trends, and strategies for environmentally conscious decisions that create cleaner worksites, bottom-line benefits, meet client and company goals, and improve employee wellness.

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The Building Up podcast is sponsored and presented by The Vertex Companies, Inc. and Watt, Tieder, Hoffar & Fitzgerald L.L.P. and cannot be copied or rebroadcast without each entity’s express written consent. The information in this podcast episode is provide for educational purposes only as well as to give you general information and a general understanding of the law and construction industry, not to provide specific legal advice. Please take notice that the content in this episode may not reflect the current law in your jurisdiction and that the opinions expressed in this episode are the opinions of the individual author, host, and/or guest and may not reflect the opinions of the Vertex, Watt Tieder, or any individual consultant or attorney.  No information contained in this episode should be construed as legal advice from Watt Tieder, Vertex, or the individual authors, hosts, or guests, nor is it intended to substitute for legal counsel on any subject matter.  By using or listening to this podcast, you understand that there is no attorney client relationship between you and the podcast authors, publishers, sponsors, presenters, hosts, or guests.  This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state, country, or other appropriate licensing jurisdiction.

Jeff and Brian talk all things cybersecurity with Security Fanatics’ Nick Espinosa and Vertex’s Brian Rice. If you thought safety in the construction industry only had to do with keep workers safe from physical harm, think again. Digital threats and risks can be one of the biggest threats to a construction company’s livelihood, as the construction industry is one of the most targeted for cyberattacks. Nick and Brian share their wealth of experience, including recommendations for increasing awareness and decreasing susceptibility to attack, and war stories that will make any listener eager to review the measures they have in place as individuals and on a company level.

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The Building Up podcast is sponsored and presented by The Vertex Companies, Inc. and Watt, Tieder, Hoffar & Fitzgerald L.L.P. and cannot be copied or rebroadcast without each entity’s express written consent. The information in this podcast episode is provide for educational purposes only as well as to give you general information and a general understanding of the law and construction industry, not to provide specific legal advice. Please take notice that the content in this episode may not reflect the current law in your jurisdiction and that the opinions expressed in this episode are the opinions of the individual author, host, and/or guest and may not reflect the opinions of the Vertex, Watt Tieder, or any individual consultant or attorney.  No information contained in this episode should be construed as legal advice from Watt Tieder, Vertex, or the individual authors, hosts, or guests, nor is it intended to substitute for legal counsel on any subject matter.  By using or listening to this podcast, you understand that there is no attorney client relationship between you and the podcast authors, publishers, sponsors, presenters, hosts, or guests.  This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state, country, or other appropriate licensing jurisdiction.

On this episode of Building Up, Jeff Ciecko from Arch Insurance and Matthew Buol from Assurance, a Marsh & McLennan Agency LLC, join Brian and Jeff to talk about the basics of Private Equity investments for construction professionals. Matt and Jeff draw on their years of experience in the surety industry to discuss the benefits and pitfalls of taking private equity investments as well as its corollary impact on a surety’s considerations while providing fundamental background information regarding private equity in the construction industry.

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The Building Up podcast is sponsored and presented by The Vertex Companies, Inc. and Watt, Tieder, Hoffar & Fitzgerald L.L.P. and cannot be copied or rebroadcast without each entity’s express written consent. The information in this podcast episode is provide for educational purposes only as well as to give you general information and a general understanding of the law and construction industry, not to provide specific legal advice. Please take notice that the content in this episode may not reflect the current law in your jurisdiction and that the opinions expressed in this episode are the opinions of the individual author, host, and/or guest and may not reflect the opinions of the Vertex, Watt Tieder, or any individual consultant or attorney.  No information contained in this episode should be construed as legal advice from Watt Tieder, Vertex, or the individual authors, hosts, or guests, nor is it intended to substitute for legal counsel on any subject matter.  By using or listening to this podcast, you understand that there is no attorney client relationship between you and the podcast authors, publishers, sponsors, presenters, hosts, or guests.  This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state, country, or other appropriate licensing jurisdiction.

Dr. Ibrahim Odeh joins Jeff and Brian to provide his insights on the future of the construction industry. As a distinguished professor, thought leader, and member of several advisory boards and committees, Dr. Odeh has had his finger on the pulse of construction for over 20 years. Brian and Jeff discuss with Dr. Odeh his experience in the industry, global shifts in the construction world, emerging trends and technologies that may have the potential to disrupt an industry that has seen little disruption, and some of the ways in which construction still lags behind other industries but may yet move itself forward.

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The Building Up podcast is sponsored and presented by The Vertex Companies, Inc. and Watt, Tieder, Hoffar & Fitzgerald L.L.P. and cannot be copied or rebroadcast without each entity’s express written consent. The information in this podcast episode is provide for educational purposes only as well as to give you general information and a general understanding of the law and construction industry, not to provide specific legal advice. Please take notice that the content in this episode may not reflect the current law in your jurisdiction and that the opinions expressed in this episode are the opinions of the individual author, host, and/or guest and may not reflect the opinions of the Vertex, Watt Tieder, or any individual consultant or attorney.  No information contained in this episode should be construed as legal advice from Watt Tieder, Vertex, or the individual authors, hosts, or guests, nor is it intended to substitute for legal counsel on any subject matter.  By using or listening to this podcast, you understand that there is no attorney client relationship between you and the podcast authors, publishers, sponsors, presenters, hosts, or guests.  This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state, country, or other appropriate licensing jurisdiction.

Ted Bumgardner of the Vertex Companies (a designated expert in over 600 cases) and Frank Marsico of Watt Tieder Hoffar & Fitzgerald, L.L.P. (a partner in Watt Tieder’s Chicago office with over 20 years of litigation experience) join the podcast to discuss the role of experts and consultants within the construction industry. The conversation includes topics touching on what makes a good expert or consultant and how to best utilize them.  Whether your project is in its initial stages or if a project dispute has reached litigation, this episode provides general guidance to help you understand the benefits of getting a third-party consultant or expert involved and their functions in supporting your company.

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The Building Up podcast is sponsored and presented by The Vertex Companies, Inc. and Watt, Tieder, Hoffar & Fitzgerald L.L.P. and cannot be copied or rebroadcast without each entity’s express written consent. The information in this podcast episode is provide for educational purposes only as well as to give you general information and a general understanding of the law and construction industry, not to provide specific legal advice. Please take notice that the content in this episode may not reflect the current law in your jurisdiction and that the opinions expressed in this episode are the opinions of the individual author, host, and/or guest and may not reflect the opinions of the Vertex, Watt Tieder, or any individual consultant or attorney.  No information contained in this episode should be construed as legal advice from Watt Tieder, Vertex, or the individual authors, hosts, or guests, nor is it intended to substitute for legal counsel on any subject matter.  By using or listening to this podcast, you understand that there is no attorney client relationship between you and the podcast authors, publishers, sponsors, presenters, hosts, or guests.  This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state, country, or other appropriate licensing jurisdiction.

One of the main goals of all construction projects is to ensure construction projects are completed using quality standards within the industry and in accordance with contract documents.  However, issues often times arise when parties deviate from those industry standards or the contract documents. One of the best ways to combat this is to develop and implement quality control plans into your projects.  The questions that then arise are: how do I do this, where do I start, and how do you ensure compliance with such plans?  On this episode, Walter Haass, Vice President and Director of Risk Management at Hudson Meridian joins the show to discuss his passion for building a culture of quality control.  This episode touches on the evolution of quality control within the construction industry, development of quality control plans, and risk management. From there and drawing on his experience, Walter shares insights into how contractors can best implement quality control plans, lessons learned, and how to undertake getting all parties to buy-in and comply with the plans to ensure satisfactory completion of construction projects.

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The Building Up podcast is sponsored and presented by The Vertex Companies, Inc. and Watt, Tieder, Hoffar & Fitzgerald L.L.P. and cannot be copied or rebroadcast without each entity’s express written consent. The information in this podcast episode is provide for educational purposes only as well as to give you general information and a general understanding of the law and construction industry, not to provide specific legal advice. Please take notice that the content in this episode may not reflect the current law in your jurisdiction and that the opinions expressed in this episode are the opinions of the individual author, host, and/or guest and may not reflect the opinions of the Vertex, Watt Tieder, or any individual consultant or attorney.  No information contained in this episode should be construed as legal advice from Watt Tieder, Vertex, or the individual authors, hosts, or guests, nor is it intended to substitute for legal counsel on any subject matter.  By using or listening to this podcast, you understand that there is no attorney client relationship between you and the podcast authors, publishers, sponsors, presenters, hosts, or guests.  This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state, country, or other appropriate licensing jurisdiction.

Amanda Marutzky, Andrew Sargent, and Hendrik Prinsloo join as guests in a spirited discussion on construction schedules. Drawing on the guests’ experience in building schedules, analyzing delays on projects, and litigating disputes involving schedules and delays, the discussion covers scheduling from several perspectives, including key contract provisions, best practices and pitfalls in planning and preparing schedules, scheduling software, the role of schedules and other documents in claim preservation and claim presentation, and other information handy to anyone who works with, deals with, or wants to learn about schedules.

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The Building Up podcast is sponsored and presented by The Vertex Companies, Inc. and Watt, Tieder, Hoffar & Fitzgerald L.L.P. and cannot be copied or rebroadcast without each entity’s express written consent. The information in this podcast episode is provide for educational purposes only as well as to give you general information and a general understanding of the law and construction industry, not to provide specific legal advice. Please take notice that the content in this episode may not reflect the current law in your jurisdiction and that the opinions expressed in this episode are the opinions of the individual author, host, and/or guest and may not reflect the opinions of the Vertex, Watt Tieder, or any individual consultant or attorney.  No information contained in this episode should be construed as legal advice from Watt Tieder, Vertex, or the individual authors, hosts, or guests, nor is it intended to substitute for legal counsel on any subject matter.  By using or listening to this podcast, you understand that there is no attorney client relationship between you and the podcast authors, publishers, sponsors, presenters, hosts, or guests.  This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state, country, or other appropriate licensing jurisdiction.

On the Launch episode of Building Up, hosts Brian Padove of Watt Tieder and Jeff Katz of Vertex, speak with Co-Founder and CEO of Vertex, Bill McConnell, and Managing Partner of Watt Tieder, John Sebastian, to discuss the state of the construction industry, including the effects of the pandemic, technology in construction, risk, and future expectations.

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The Building Up podcast is sponsored and presented by The Vertex Companies, Inc. and Watt, Tieder, Hoffar & Fitzgerald L.L.P. and cannot be copied or rebroadcast without each entity’s express written consent. The information in this podcast episode is provide for educational purposes only as well as to give you general information and a general understanding of the law and construction industry, not to provide specific legal advice. Please take notice that the content in this episode may not reflect the current law in your jurisdiction and that the opinions expressed in this episode are the opinions of the individual author, host, and/or guest and may not reflect the opinions of the Vertex, Watt Tieder, or any individual consultant or attorney.  No information contained in this episode should be construed as legal advice from Watt Tieder, Vertex, or the individual authors, hosts, or guests, nor is it intended to substitute for legal counsel on any subject matter.  By using or listening to this podcast, you understand that there is no attorney client relationship between you and the podcast authors, publishers, sponsors, presenters, hosts, or guests.  This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state, country, or other appropriate licensing jurisdiction.