ALFA International Publications

What is the Proposed Rule/What Can We Expect? In January 2023, the Federal Trade Commission (“FTC”) proposed implementing a rule that will ban most non-compete clauses for employment contracts nationwide (the “Proposed Rule”). Subject to limited exceptions, the Proposed Rule would not only ban prospective non-competes, but also retroactively nullify all non-compete agreements presently in place. M…

“Perhaps it is time to level set the mindset. Even though some confuse growth mindset with terms such as grit and effort that is not the case. Effort is involved, but it isn’t just about effort. Far more than effort, your mindset is about your access to support and your repertoire of strategies to help you solve problems. Effort is your means to an end, not the end. The end is that learning is imp…

What is succession planning? Succession planning is an ongoing process in which an organization identifies and develops talented employees to take on future leadership roles within the organization. A law firm’s failure to prepare and implement a succession plan for firm leadership, partners, and other senior attorneys may lead to disastrous results, including client and revenue loss.[i] Why do …

Ten Provisions to Consider When Drafting or Negotiating Your Next Construction Contract The construction industry is rife with form contracts; the forms developed by the American Institute of Architects (AIA) or the ConsensusDocs forms endorsed by the Associated General Contractors of America (AGC) and many other construction industry professional organizations come chiefly to mind.  But as…

Introduction “It’s not what happened, but what you are able to prove happened that is important.” Snowden Stanley, a founding member of the ALFAC construction practice group, used to preach this maxim to clients and young attorneys alike. Indeed, whether it is addressing an injury/damage causing incident, delay claim, or potential error or defect allegation, there is little that is mor…

A.     Introduction These days, it is a rarity for projects to be completed on schedule, within the owner’s budget, or without some personnel strife. When projects get off track, it is common for designers and contractors to find themselves at odds with each other. This panel will discuss the typical problems that arise between design and construction teams during projects …

Introduction Wildfires, extreme heat, rising sea levels, flooding—the past few years have made clear that climate change poses an existential threat to people, communities, and businesses across the world. NOAA estimates that Americans experienced twenty separate billion-dollar weather and climate disasters in 2021 alone, at a cost of $145 billion. Last year, Hurricane Ian—estimated to be t…

When Construction Defect and Product Liability Claims Overlap Overview There is no such thing as a simple construction defect action.[i] Speaking from experience, even defect lawsuits with just two parties and modest recovery expectations can spiral into expert-driven and expensive litigation where liability, causation and damages issues are hard fought. Parties will clash over wheth…

Arbitration is having its golden hour. Heralded as the answer to expensive and time-consuming litigation, arbitration is currently the go-to dispute resolution option for most international construction projects and engineering disputes. As to whether arbitration truly delivers in terms of time and cost is an entire subject in its own right. In this discussion, we explore a more discreet issue. A …

Contractual Indemnity: The gift that keeps on giving (or taking) Contractual indemnification provisions may circumvent Worker’s Compensation Exclusivity and expose employers to double risk. Introduction Although workers’ compensation is typically meant to provide the exclusive remedy for an employee’s injuries and protect the employer from civil suit, some workers’ compensation la…