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On Construction Law

Trusted construction law analysis

Overview

Powered by Bruner & O’Connor on Construction Law

Since its first publication in 2002, Bruner & O’Connor on Construction Law has been the ultimate resource for U.S. construction law professionals. Faegre Drinker and its team of construction lawyers are proud of their 12-volume treatise, published by Thomson Reuters.

Bruner & O'Connor on Construction Law is the authoritative treatise on American construction law. It offers a thorough exploration of the development of construction law principles in the context of changing construction materials, methods and standards, and laws. Cited in many federal and state court opinions as an authoritative resource, it covers everything from basic construction law concepts to the most sophisticated issues related to industry contract forms, insurance and alternative dispute resolution. If you have a question about a legal concept affecting the construction industry, the Treatise has the answer.

Insights

Insights

Updates March 2021

Illinois Appellate Decision Highlights Importance of Enforcing Mechanics Liens Against All ‘Known’ Necessary Parties

4 min read  
Updates July 2020

Change Orders During the COVID-19 Pandemic — Managing Unexpected Construction Costs and Time Overruns

3 min read  
Updates July 2020

Understanding and Enforcing Force Majeure Clauses in Commercial Real Estate Leases During the COVID-19 Pandemic

3 min read  
Updates July 2020

International Construction: Navigating the Risk of Payment Disputes Abroad in the Era of COVID-19

4 min read  
Updates June 2020

Seeking Certainty in Uncertain Times: Employing Cost-Plus Construction Contracts in 2020

3 min read  
Updates June 2020

Unknown Territory: Allocating Risk in International Construction Contracts in the Time of COVID-19 and Beyond

4 min read  
Updates June 2020

Before You Cancel: The Risks of Suspending or Terminating Work

5 min read  
Updates June 2020

Construction After COVID-19: Mitigating Design-Related Risk in a Post-Pandemic Paradigm

3 min read  
Updates May 2020

Standing to Protest P3 Award: The Clearwater Case and the Disappointed Offeror

4 min read  
Updates May 2020

COVID-19 Workforce Shortages Threatening Your Construction Project? Review Your Indemnity Rights

4 min read  
Updates May 2020

Addressing COVID-19-Related Delays in Construction Contracts

4 min read  
Updates May 2020

Text vs. Context: Why Construction Contract Interpretation Is Critical to Navigating COVID-19

3 min read  
Updates May 2020

Do I Have a Claim? Enforcing Rights to Contribution or Indemnification During the COVID-19 Pandemic

5 min read  
Updates October 2019

What Source Selection Method Will Create ‘Best Value’ for Your Construction Project?

3 min read  
Updates May 2019

Changes in Article 7 of AIA Document A201-2017: What Contractors Need to Know

4 min read  
Updates April 2019

Three Global Drafting Considerations for International Construction Contracts

4 min read  
Updates April 2019

Interpreting the Scope of Colorado's Anti-Indemnity Statute

3 min read  
Updates April 2019

Illinois Appellate Court Rejects Federal Insurance Coverage Analysis, Finds Duty to Defend Against Construction Defect Allegations

4 min read  
Updates April 2019

Waiving Class-Wide Arbitrations in Construction Contracts

4 min read  
Updates December 2018

Negotiating and Implementing Relief Event Programs in P3 Projects

40 min read  
Updates October 2018

Didn’t Get a License? You May Be Subject to Criminal Sanctions

2 min read  
Updates September 2018

Teaming Agreements: Avoiding Unenforceable ‘Agreements to Agree’

4 min read  
Updates May 2018

Tips and Tricks for Your Next Bid Protest

5 min read  
Updates October 2017

Mechanic's Liens 101: Ways to Avoid Them

3 min read  
Updates October 2017

Construction Contracts, Third Party Claims and Tort Law Liability

4 min read  
Updates September 2017

P3 Contracting and Risk: An Introduction to Public-Private Partnerships for U.S. Transactions

15 min read  
Updates August 2017

Liquidated Damage Provisions – A Good Idea or an Unenforceable Penalty?

4 min read  
Updates July 2017

What's in Your Warranty? A Guide to Avoiding Warranty-Related Surprises

5 min read  
Updates June 2017

Three Considerations for Joint Venture Construction Projects

3 min read  
Updates June 2017

Minnesota Legislature Modifies its Condominium Construction Defect Law

3 min read  
Updates June 2017

Three Things to Consider Before Terminating Your Construction Contract

3 min read  
Updates May 2017

Looking for an Excuse? Here Are Four Excusable Delays for Construction Projects

4 min read  
Updates April 2017

In New Contract Documents, AIA Bolsters Insurance Requirements: An In-Depth Look

22 min read  
Updates March 2017

Notable Case - Storms, Inc. v. Mathy Construction Co., 883 N.W.2d 772 (Minn. 2016)

7 min read  
Updates November 2016

Illinois Appellate Court Provides (Another) Reason to Double-Check Your Payment Clauses

2 min read  
Updates November 2016

Illinois Appellate Court Ruling Has Far-Reaching Implications for Construction Participants in Wind Energy Projects

4 min read  
Updates November 2016

New Appellate Ruling Increases Residential Builders' Exposure to Defect Liability in Illinois

3 min read  
Updates September 2016

Five Key Considerations for Drafting Warranty Terms in Engineering, Procurement and Construction (EPC) Agreements in Alternative Energy Projects

6 min read  
Updates July 2016

How to Balance Lender and Contractor Interests on Alternative Energy Construction Projects

8 min read  
Updates July 2016

Minnesota Rewrites Construction Rules for Prompt Payment and Retainage

2 min read  
Updates May 2016

Residential Builders Prevail in Illinois Supreme Court Decision, Also Benefiting Homebuyers

6 min read  
Updates April 2016

Three Rules for Every Change on Every Construction Project

4 min read  
Updates March 2016

4 Considerations for Mechanic's Liens on Alternative Energy Projects

4 min read  
Updates October 2015

Managing Project Risk With Enforceable Indemnity Agreements

6 min read  
Updates September 2015

Top 5 Tips to Avoid Ambiguity in Construction Contracts

3 min read  
Updates July 2015

The Keys to Success in Integrated Project Delivery: People, Process and Promises

5 min read  
Updates July 2015

If You Can't Say Anything Nice: Criticizing Contractors Can Be Costly

4 min read  
Updates June 2015

Cybersecurity for Contractors and Design Professionals

5 min read  
Updates April 2015

Managing Your Class-Action Risk Through Arbitration Agreements

4 min read  

Contributors

Pat O’Connor and Philip Bruner wrote the treatise in 2002. Bruner has since retired from the firm and is currently a mediator and arbitrator, is JAMS’ Director of Global Engineering & Construction ADR Services, and serves on its London panel of arbitrators. The treatise is updated annually to provide the most relevant and timely information and case law of interest to construction lawyers and professionals. Faegre Drinker is honored to support this effort.

Training

Learn From Those Who Support the Treatise

Faegre Drinker offers training for in-house legal departments based on content in Bruner & O’Connor on Construction Law. Our seminars include:

  • Fundamentals of Construction Law
  • Payment Remedies: Liens and Bonds
  • Recognizing and Managing Changes
  • Project Delivery Methods and Risks
  • Winning Claims Every Time
  • Integrated Delivery Master Class
  • Advanced Contract Negotiations
  • P3 Crash Course for Constructors and Designers
  • Cutting Edge Insurance & Bond Programs

The Treatise has 12 Volumes and more than 1,000 distinct sections. We offer custom training on any of these topics to meet your company’s needs. Contact Us to learn more.