Force Majeure and Disputes Pre- and Post-COVID
This paper provides various practical and legal arguments, as well as practice tips, which may prove useful to construction professionals who continue to deal with the fall-out or even future disputes. [1]
Since the COVID-19 pandemic swept the country starting in March 2020, construction professionals have no doubt become familiar with force majeure.…
ALFA International Publications
WORK RELATED INCIDENTS LEADING TO INJURIES AND FATALITIES OCCUR IN THE CONSTRUCTION INDUSTRY
Although recent data supports that they are decreasing in frequency across all sectors, work related incidents resulting in employee injuries and fatalities are unavoidable in the construction industry. Even though the industry, as a whole, has done, and continues to do, a much better job focusing on worke…
Feel the Force: The Era of Smart Construction Has Arrived
Smart construction — defined loosely as the development and use of technology in the construction industry — carries a host of benefits. Because building projects are necessarily long-running, complex, and fraught with unanticipated delays,[i] technology has a unique role to play in the construction industry. In the past, the industry has b…
Status of Covid-Related Claims Seeking Business Income Losses
No discussion of recent coverage developments would be complete without discussion of the trend of decisions addressing the flood of claims seeking business income, extra expense, and civil authority coverages under property policies for government-ordered shutdowns related to COVID-19. Though the volume of court filings for these claim…
Preparing Your Soul for Rule 30(b)(6) Depositions
It has kept all of us awake at night. The biggest case on our desk may sink or swim based on the testimony of a particular company witness. It may be an officer or manager whose testimony will bind the company. It could be a current or former rank and file employee, which presents an even different set of concerns. It goes without saying that t…
Until 2011, an individual possessing less than half an ounce of cannabis in Connecticut could have been charged with, and found guilty of, a class C misdemeanor and imprisoned for up to three months.[1] However, in 2011, Connecticut decriminalized cannabis use, although one could still be charged with an infraction for possessing small amounts.[2] More recently, on June 22, 2021, Governor Lamont…
Why Conduct a Mock Trial?[1]
The emphasis in a trial is on advocacy and involves listening, questioning, thinking, and learning. Analysis and sound reasoning coupled with effective communication to a judge and jurors is paramount to success in a mock trial. The modern approach of conducting a mock trial provides attorneys with a great advantage of, among other things, assisting with case evaluatio…
Many companies and other organizations are turning to biometric data for security. Biometrics are biological measurements and include fingerprints, retinal scans, handprints, and face scans. These can allow access to computers, computer programs, and access into secured locations. The use of biometric data has increased since 2020 as a way to reduce physical interactions. The rise of two step …
There are four main types of data breaches. Make no mistake: one of them will personally affect each and every professional.
Hacker attack: An attempt to disable computers, steal data, or use a breached computer system to launch additional attacks. Cybercriminals use different methods to launch such a cyberattack, including malware, phishing, ransomware, man-in-the-middle (perpetrator positions h…
Expert witnesses in medical negligence cases – a practical guide
The greatest impediment to securing the best expert(s) for your case is neither a dearth of experts nor the tools to locate them. The number one impediment is time or, rather, the limited time busy lawyers and their staff can spend finding and retaining experts. This article is intended as a guide to assist busy lawyers and their bu…