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Managing the Risk

Managing The Risk is a podcast for the construction industry hosted by Chad Walker, a partner in our Orlando office. Podcast episodes will cover strategies for navigating risks inherent in construction projects, with a focus on legal, insurance and regulatory topics. Guests will include attorneys in our firm, insurance professionals, attorneys in practice areas outside of our expertise and other industry professionals.

Latest Episodes

Critical Project Documents - Part V (Meeting Minutes)

Listen to Critical Project Documents - Part V (Meeting Minutes)

The final episode of my series with Brian Furniss, P.E. covers another important communication tool on construction projects - meeting minutes. We address the importance of not only attending progress meetings, but of completely and accurately documenting the matters discussed at the meetings. Brian provides insight into the items/topics that should be included in the meeting minutes. We also discuss circumstances where properly documented minutes can become critical to the resolution of a claim or dispute. 

Critical Project Documents - Part IV (Schedule Narratives)

Listen to Critical Project Documents - Part IV (Schedule Narratives)

On this latest installment of my ongoing series with Brian Furniss, P.E., we discuss a project communication tool that is somewhat underutilized - schedule narratives. Like other critical project documents covered in this series, the schedule narrative provides an opportunity to not only communicate valuable information to the owner, but also to document circumstances that may become significant if a dispute arises. Listen now to hear our thoughts on the importance of regularly and accurately preparing schedule narratives on your projects.    

Critical Project Documents - Part III (Change Orders)

Listen to Critical Project Documents - Part III (Change Orders)

Are you taking unnecessary risks with respect to the performance of changed or additional work? Are you including all essential information in your change orders? Have you focused on whether proposed change order language waives your right to additional time or money for unrelated items? Learn more about these concerns and more on this latest episode with guest Brian Furniss, P.E. 

Critical Project Documents - Part II

Listen to Critical Project Documents - Part II

Are you properly utilizing daily reports to create a historical record on your projects? Do they include the information that may become essential if a claim arises? Find out about the benefits of taking a proactive approach to daily reports on this latest episode with guest Brian Furniss, P.E. 

Critical Project Documents - Part 1

Listen to Critical Project Documents - Part 1

Are you sure you should click send on that email? This is the first episode in a multi-part series discussing various project documents that are often critical to resolving a dispute. Brian Furniss, P.E. joins me to provide his insight into the role project documents play in the successful resolution of disputes and the importance of taking a proactive approach to project documentation. Brian is a Certified Forensic Claims Consultant and Planning & Scheduling Professional, with over 17 years of experience in delay and productivity analysis, risk and change management, and claims analysis. On this episode, we discuss project correspondence and, more specifically, emails. Download the episode now to learn how emails can significantly impact your successful recovery on a claim, either positively or negatively.   

Preserving Claims for Design Delays on Design-Build Projects

Listen to Preserving Claims for Design Delays on Design-Build Projects

Rob Smedley, AIA, joins me to discuss challenges with managing the design phase of design-build projects and preserving claims for impacts to the design schedule. Rob is the Design Build Manager for Buildings at RS&H and serves as both the National and Florida Region Membership Chair of the Design-Build Institute of America (DBIA). The episode kicks off with examples of standard notice provisions applicable to design delay claims. Rob then offers insight into the design-builder's and owner's role in maintaining the design schedule, and the importance of communication between all participants in the project.  Based on his past experience, Rob provides real world examples of breakdowns in the management of the design phase. We also share some quick thoughts on the value of membership in DBIA

About the host: Chad Walker is Board Certified in Construction Law by the Florida Bar. He is a partner in the Orlando office of Regan Whelan Zebouni & Atwood. You can reach Chad at 407-514-2621. You can also learn more about Chad's practice by visiting ConstructionLaw.Pro

You're on Notice

Listen to You're on Notice

Is an email sufficient to provide notice of a claim under a construction contract? Listen to the latest episode to find out.

This is the latest installment in a series of episodes that will focus on common risk-shifting provisions in construction contracts. Using the 2017 AIA A201 General Conditions as an example, I address the importance of understanding what constitutes a claim and discuss potential pitfalls with providing proper notice of a claim.  

About the host: Chad Walker is Board Certified in Construction Law by the Florida Bar. He is a partner in the Orlando office of Regan Whelan Zebouni & Atwood. You can reach Chad at 407-514-2621. You can also learn more about Chad's practice by visiting ConstructionLaw.Pro

Are Liquidated Damages a Penalty?

Listen to Are Liquidated Damages a Penalty?

This is is the first in a series of episodes that will focus on common risk-shifting provisions in construction contracts. I address the misconception that liquidated damages can be used by an owner as a penalty for the failure to timely complete a project. I also offer some examples of liquidated damages clauses that are unenforceable under Florida law.  

About the host: Chad Walker is Board Certified in Construction Law by the Florida Bar. He is a partner in the Orlando office of Regan Whelan Zebouni & Atwood. You can reach Chad at 407-514-2621. You can also learn more about Chad's practice by visiting ConstructionLaw.Pro

Workers' Compensation Best Practices - Part 4

Listen to Workers' Compensation Best Practices - Part 4

Best-selling author Rick Dalrymple returns for the the final episode in our four-part series on Workers' Compensation Best Practices. In this episode, Rick shares post-claim policies and procedures that employers can implement to reduce the expense of claims.   

About the host: Chad Walker is Board Certified in Construction Law by the Florida Bar. He is a partner in the Orlando office of Regan Whelan Zebouni & Atwood. You can reach Chad at 407-514-2621. You can also learn more about Chad's practice by visiting ConstructionLaw.Pro

Workers' Compensation Best Practices - Part 3

Listen to Workers' Compensation Best Practices - Part 3

Workers’ comp claims seem almost inevitable in the construction industry. To effectively manage the risk of those claims, employers should implement return to work programs and other strategies designed to reduce the impact of a claim before it occurs. In our latest episode, best-selling author Rick Dalrymple will share his top pre-claim strategies for reducing the costs of workers’ comp claims.      

About the host: Chad Walker is Board Certified in Construction Law by the Florida Bar. He is a partner in the Orlando office of Regan Whelan Zebouni & Atwood. You can reach Chad at 407-514-2621. You can also learn more about Chad's practice by visiting ConstructionLaw.Pro

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