A message from Wendy Venoit, 2018 Chair, American Bar Association Forum on Construction Law
What is the ABA Forum on Construction Law, and what does it offer?
The American Bar Association Forum on Construction Law is the largest organization of construction lawyers in the world, boasting more than 6,000 members worldwide, and has been the go-to legal resource for construction lawyers and construction professionals for more than 40 years. During our 40-year history, the Forum has focused on providing legal services and products to all sectors of the construction industry and educating lawyers and business professionals in all aspects of construction law, consistent with our mission of “Building the Best Construction Lawyers.”
We strive to provide tools and resources for our members to become better and more effective at what they do. How do we do that? We sponsor three national meetings per year in major cities and resort destinations that focus on new developments in construction law. Our most recent national meeting of the year in Boston, which drew record-breaking attendance, focused on the rollout of the new 2017 AIA Contract Documents and highlighted the key changes in those documents (as well as entirely new AIA contract forms) that every construction professional and attorney should know when contracting using the new/updated forms. Our Midwinter Meeting held Jan. 17–19 in sunny Fort Myers, Fla., focused on everything you should know when representing or contracting with subcontractors, suppliers and consultants. Our Annual Meeting in April (discussed later), structured on the “mini-MBA” model, will focus on the business of construction.
Whether a first-time attendee to one of our national meetings or a long-time member who comes regularly, you will share something in common: You will leave our meeting better equipped to handle the legal and practical challenges facing the construction industry. But there’s something else—the fun and engaging networking events at our meetings are a perfect complement to our educational mission. These frequently involve the intersection of professional development, memorable social or networking events, and, not surprisingly, the development of lifelong friendships.
The Forum also offers regional meetings each fall in multiple cities across the United States on topics such as “Fundamentals of Construction Law,” “Construction Insurance” and “Contract Forms.” We also offer webinars to our members (often in conjunction with other industry organizations) so they can get the benefit of our programming without ever leaving their desks.
The Forum also publishes periodicals, including the preeminent legal journal in the industry, The Construction Lawyer, as well as other print and online newsletters and more than two dozen books on a variety of construction-related topics, including the recently released 2017 A201 DeskBook and Federal Governing Construction Contracts. The Forum’s bookshelf, located at www.shop.americanbar.org, features books on such topics as insurance, construction defects, green building, construction contracting and many others.
Who are your members?
The bulk of our 6,000 members are construction lawyers located in the United States and throughout the world. But the Forum is not just lawyers. We have many non-lawyer members who serve the construction industry in a variety of capacities, including operational personnel, risk managers, contracts managers, owners/developers, owners’ representatives, architects, engineers, consultants (and sub-consultants), accountants and other service providers.
Over the years, Forum members have often become involved at early stages of legal developments in our industry. For example, such things as drones, wearable technology, new contract forms and documents, and sustainable construction are prompting construction industry participants to call on Forum members to provide early feedback and guidance. Through educational resources, Forum members gain fresh insight on cutting-edge issues to help their organizations and clients in the industry, including developers, owners, construction managers, general contractors, designers, subcontractors, insurers and others.
Why should I participate in the Forum, either as a member or as an attendee?
I am often asked by those unfamiliar with the Forum, “Why should I become a member of the Forum?” and “Why should I attend Forum events?” The membership question is an easy one to answer. The benefits received—including access to the membership directory, subscriptions to The Construction Lawyer and Under Construction, access to the Forum’s Searchable Knowledgebase, and member discounts for programs and books (just to name a few)—far outweigh the cost.
Where the real value comes in, however, is in not just being a member but actively partaking in everything the Forum has to offer—namely, networking at national meetings, writing and speaking opportunities on a national platform, and countless opportunities for leadership. The resources that the Forum offers, not only through its publications and programs but also through its people, can be invaluable.
During my time as in-house counsel, and now as outside counsel, the first place I look for outside lawyers or local counsel is the Forum directory, focusing primarily on names and firm names that I recognize from their active participation in the Forum divisions, committees, publications and/or at national programs. In speaking with many other in-house and outside counsel, I am told that I am not alone in my approach to identifying and retaining outside and local counsel. It is unquestionable that the Forum has become the go-to place for identifying and retaining qualified construction counsel throughout the country and beyond. And I can have a level of confidence that my Forum colleagues are knowledgeable in the industry and will serve me or my client well.
We are also seeing more and more “clients” at our meetings and are consistently looking for ways to attract more of them, not as business targets, but as active contributors to the overall mission of the Forum, namely, to “Build the Best Construction Lawyers.” Of course, an added benefit is that these “clients” have the opportunity to not only learn about the latest developments in construction law but to meet lawyers throughout the country and to hear them speak. It may not always lead to an immediate connection or business opportunity, but it does in some cases.
The business case for the Forum extends beyond just the receipt of legal engagements or identifying counsel in a particular jurisdiction. Access to resources is equally, if not even more, valuable. The Forum network provides resources that may not exist within the ranks of our own firms and organizations. It is like, if not better than, having an office or lawyer in every The Forum consists of dynamic and diverse leadership and speakers. jurisdiction in the country (and beyond).
Our Forum colleagues often have answers and/or are more responsive than our own partners and colleagues. Where else can you obtain everything you ever wanted to know about Canadian E-discovery Law or the Civil Code of Iraq in a matter of minutes and with no questions asked? The amazing network of Forum resources is at our fingertips and not only saves us time but also makes us more efficient, productive and valuable to our organizations and clients.
I work in the construction field, but I’m not an attorney. How can the Forum help me?
The Forum serves both lawyers and non-lawyers. The materials and services we provide are useful to both. The Forum has members that include project managers, project executives, architects, engineers and consultants. We cater to anyone who is looking to stay current on construction developments and navigate successful projects from inception to completion.
At the Forum, it is our job to explore and explain those legal issues impacting the construction industry for anyone who is interested—lawyer or layperson.
What is coming up at the Forum?
We are very excited about the Forum on Construction Law’s upcoming 2018 Annual Meeting. Our Annual Meeting will be held April 11–13 in New Orleans at the historic Roosevelt New Orleans. This two-full-day program, titled “Taking Care of Business: A Mini-MBA Program for the Construction Lawyer [or Industry Professional],” will provide a unique look at the business of construction from the inside out. The panels will consist of in-house legal and operational personnel as well as outside counsel, who will educate attendees regarding risk management, how contractors make money, business structures, construction finance and accounting, cybersecurity, contracting across national borders, ethical dilemmas and HR challenges, to name just a few of the topics to be addressed in this comprehensive program. And, of course, this not-to-be missed program will coincide with the famous French Quarter Festival and will include numerous networking and social events, including a second line parade through the French Quarter, a lively welcome reception at the House of Blues and a late-night event on Bourbon Street (complete with balcony and beads).
There will also be a practicum on how to effectively prepare and present delay claims, a first-time attendees reception, a women’s networking reception, and a diversity lunch featuring five former diverse chairs of the Forum who will share their insights and experiences with growing diversity in the industry, as well as within the Forum, and the business case for diversity. This will truly be a unique and not-to-be missed event. We hope to see you there!
For more details and to register, visit www.americanbar.org.