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Seven Trends That Impact Commercial Construction Litigation in 2021

Trends affecting construction litigation include safety measure, disputes and bankruptcy, court backlogs, air handling structure design, prefab or modular techniques, BIM and green building.
By Jeffrey Kozek and E. Mitchell Swann
March 4, 2021
Topics
Legal and Regulatory
Risk
Markets
by Jeffrey Kozek
Jeff Kozek is a licensed attorney in NJ and PA and a member of the New Jersey Bar Association’s Construction Law Section, as well as a member of the American Bar Association’s Public Contract Law Section and Forum Committee on the Construction Industry. Mr. Kozek, a Certified Forensic Claims Consultant and author of many articles on topics involving construction dispute resolution, has performed project management support services and construction claims analysis for over 40 years, often serving as an expert witness. He has lectured both domestically and abroad, to professional organizations, companies and groups, and to the general public on the topics of project delivery systems, equitable adjustments, construction claims avoidance and dispute resolution, critical path method scheduling, delay and disruption analysis and damages.
by E. Mitchell Swann
E. Mitchell Swann is a Registered Professional Engineer in six states and has served as Chair on several ASHRAE Technical Committees and co-authored design guidelines for ASHRAE and ISPE, Vice-Chair of the ABA's Committee on ADR in Construction. He currently serves as Chair of the on the Board of Directors for The Enterprise Center Community Development Corporation. He is frequently a national and international speaker and lecturer for professional organizations and is a member of ASHRAE’s Distinguished Lecturer roster since 2005. RMC is a nationally recognized consulting firm headquartered in Marlton, NJ, founded in 1993 by veterans in the construction, contracting and engineering professions.

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