Construction Trial Deskbook -

Construction Trial Deskbook

Buch | Softcover
290 Seiten
2022
American Bar Association (Verlag)
978-1-64105-883-4 (ISBN)
168,30 inkl. MwSt
While few construction cases currently go to trial, it is inevitable that some will. Construction cases, unlike other commercial disputes, present unique challenges. They are typically document intensive and turn on complex technical issues that are beyond the knowledge and experience of lay persons. Presenting a construction case to a jury or other trier of fact requires a myriad of skills ranging from story-telling techniques to a profound understanding of the rules of procedure and evidence, to the use of state-of-the-art graphics and exhibits as well as other tools available to optimize the litigants' abilities to persuade the jury.


This trial practice handbook was written by construction lawyers who, collectively, have decades of trial experience, and is focused only on construction cases. The book is generally organized to follow the sequence of a trial. It begins with a chapter on the Art of Persuasion, written by a nationally renowned professor of trial practice who explains the importance of story-telling techniques and how they should be an indispensable part of trial preparation. The book then generally follows the sequence of a trial, with chapters on jury selection, opening statements, direct and cross examination, handling experts and exhibits, jury instructions and closing. There are also chapters that address pre-trial evidentiary motions, enforcement of judgments and preserving the record for appeal.

Tony has been a construction lawyer for 25 years. His abilities and knowledge in construction law were recognized in 2017 when he became a Florida Bar Association Board Certified Specialist in Construction Law. He is the past Chair for Division 1 (Litigation and Dispute Resolution) of the ABA Forum on Construction Law and is a Past Chair of the Atlanta Bar Association Construction Section. He is now a member of the Forum on Construction Law Governing Committee and will serve until 2024. He has extensive experience in trying cases in arbitration, at bench trials, and to juries. In recognition of his expertise, he received the AV Preeminent rating from his peers through the Martindale-Hubbell rating system for both his ethical standards and his legal ability, and he was named as a Super Lawyer Rising Star in Construction Litigation in 2011, as a Super Lawyer in Construction Law for 2022 and for construction law and litigation in 2023, and was named as one of the Best Lawyers in America in Construction Law starting in 2020 through the present. In the courtroom and in litigation, Mr. Lehman's experience includes cases representing owners, contractors, subcontractors, suppliers, and program managers in federal and state courts in Georgia, Florida, and Alabama. Mr. Lehman has handled construction disputes including matters involving the Diplomat Hotel, the DeKalb County School Program, the design and construction of the City of Hartwell's wastewater treatment plant, KSU Place at Kennesaw State University, the Federal Prison in Miami (Florida), road construction projects in Georgia, Alabama, and Texas, and retail parcel and outparcel developments across the Southeast. In addition to construction litigation, Mr. Lehman also has provided advice to contractors and developers at the beginning of projects to help them avoid disputes later in the project. Mr. Lehman has drafted, reviewed, and negotiated contracts for projects including Plaza Midtown (Atlanta), numerous multi-family residential projects, several assisted living projects, and multiple office building developments in Georgia, North Carolina, Virginia, and South Carolina. Mr. Lehman has lectured and written extensively in the area of construction law and construction contracting. His engagements have included speaking to the Georgia chapter of the American Institute of Architects regarding green construction, electronic documentation protocols, and the A201 terms and conditions of the construction contract. In addition, he spoke at the Fall 2014 Meeting of the American Bar Association Forum on Construction Law regarding Guided Choice Dispute Resolution and at the Fall 2013 meeting of the Forum as part of a panel discussing third-party discovery issues in arbitrations. Cathy Lilford Altman leads the Construction Law group at Carrington, Coleman, Sloman & Blumenthal, LLP in Dallas, Texas. She represents public and private owners, as well as subcontractors and specialty supplies in procurement, contract negotiations, claims resolution, litigation, and arbitration. Cathy is board-certified in construction law by the Texas Board of Legal Specialization and serves on the Governing Committee of the ABA Forum on Construction Law. Cathy was appointed to the Construction Industry specialty panel of the American Arbitration Association (AAA) National Roster of Arbitrators and the exam committee for the Texas Board of Legal Specialization. In 2018, Texas Governor Greg Abbott appointed Cathy to serve a five-year term on the board of the Trinity River Authority. Luis Prats is a board-certified construction lawyer with nearly 40 years of experience representing public and private owners, developers, contractors, and design professionals on all types of construction matters. He has tried, arbitrated, or mediated hundreds of construction disputes, and regularly counsels owners and contractors during all phases of construction. Luis lectures regularly on the subject of construction law, including trial practice, and has published or presented countless papers on the subject. He is also a contributing author of three books on construction law. He is a fellow of the American College of Construction Lawyers, and the Litigation Council of America, served on the Executive Council of the Trial Lawyers Section of the Florida Bar, and has been recognized by numerous professional rating publications.

Erscheinungsdatum
Verlagsort Chicago, IL
Sprache englisch
Maße 178 x 254 mm
Themenwelt Recht / Steuern EU / Internationales Recht
Recht / Steuern Öffentliches Recht
Recht / Steuern Privatrecht / Bürgerliches Recht Sachenrecht
ISBN-10 1-64105-883-8 / 1641058838
ISBN-13 978-1-64105-883-4 / 9781641058834
Zustand Neuware
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