James E. Braza
Shareholder

Location: Milwaukee
T: 414.225.1421
F: 414.278.3621
111 E. Kilbourn Avenue, Suite 1400
Milwaukee, WI 53202-6613

Publications: Attorney James E. Braza


  • Trending News: 2017 AIA Construction Contract Series

    August 30, 2017

    Recently, the American Institute of Architects (AIA) issued its once-every-ten-year revisions to some of the most commonly used documents in construction contracting, including the A101, B101 and A201 documents. The revisions are significant, and will impact all players in the industry, including owners, contractors and architects. Many revisions constitute notable improvements to these time-tested contract documents. Others pose threats to the unwary, and unintended consequences may follow in the absence of careful negotiation on the front end of a particular project. This article series explores those changes and offers brief insight into potential negotiation options. Related resources such as webinars...



  • Part 3: 2017 AIA Contract Document Series: Revisions to the AIA Core Contract Documents

    August 25, 2017

    Part 3: Owner/Contractor Relationship Revisions to A201 General Conditions Document This article is the third in a series that explores the 2017 modifications to the AIA’s most commonly used construction contracting documents, including the A101, B101 and A201 documents. The purpose of the series is to explain some of the more significant changes in order to identify possible issues of concern, and to tee up ideas for potential negotiation options to address those issues. After focusing on the dispute resolution provisions in Part 1 and the notice provisions in Part 2, Part 3 addresses some of the more significant modifications to...



  • Part 2: 2017 AIA Contract Document Series Revisions to the AIA Core Contract Documents: Notice Requirements

    August 15, 2017

    Part 2: Notice Requirements Under the Revised A201 General Conditions Document. This article is the second in a series which addresses the 2017 modifications to the AIA’s most commonly-used construction contract documents. Discussed herein are changes to the various notice requirements under the A201 General Conditions Document. While notice requirements are sometimes perceived as trite, they also can be outcome-determinative on large-impact issues. Understanding the changes that will now govern, absent modification of the form language, is critical to a successful outcome – whether an owner, contractor or architect. Notice Requirements Generally. As has always been the case, there are numerous references...



  • 2017 AIA Contract Document Series: Revisions to the AIA Core Contract Documents

    July 30, 2017

    Recently, the AIA issued its once-every-ten-year revisions to some of the most commonly used documents in construction contracting, including the A101, B101 and A201 documents. The revisions are significant, and will impact all players in the industry, including owners, contractors and architects. Many revisions constitute notable improvements to these time-tested contract documents. Others pose threats to the unwary, and unintended consequences may follow in the absence of careful negotiation on the front end of a particular project. This article is the first in a series that will explore those changes and offer brief insight into potential negotiation options. Part 1:...



  • Strategic Use of Limitation of Liability Provisions in Construction Contracts

    May 28, 2015

    One of the most important strategic approaches in modern day construction contract negotiation is leveraging the extent to which the parties will agree to limitations upon certain liabilities. While such limitations fall into a number of different categories, one of the most common is the mutual waiver of consequential damages. Though agreeing to limit the other party’s liability surely comes at some risk, there are benefits that should be carefully weighed before making a go/no-go decision on such a waiver. In particular, the benefit of limiting the total potential of your project cost. On its face, a mutual waiver of...



  • Take the Mystery Out of the Recoverability of Attorneys’ Fees in Construction Disputes

    May 28, 2015

    In American litigation, all parties are responsible for paying their own litigation expenses (including attorneys’ and experts’ fees) regardless of the outcome of a case. This “pay your own way” rule applies with equal force to claims arising on construction projects, subject to narrow exceptions. For example, a party who successfully prevails on a lien claim is entitled under the statutes to recovery of its attorneys’ fees. The same is true in circumstances where an injury is caused by an OSHA violation. By and large, however, the parties know going in that any litigation that ensues will be an expensive...



  • Take Control: Customize Construction Agreements to Limit the Time and Costs of Potential Arbitration

    June 30, 2014

    Arbitration was once the industry’s preferred mechanism for resolving construction disputes. This has changed significantly in recent years as construction disputes addressed via arbitration have become no less costly, timely, or efficient than traditional litigation. Often a party’s (or its attorney’s) zeal to engage in broad discovery efforts virtually double or triple the transactional costs of arbitration and prolong ultimate resolution by many months or even years. Similarly, post-decision litigation fights over an arbitration award’s enforceability sometimes unduly prolong the achievement of finality, which is one of arbitration’s most valued benefits. Burned by one or more of these experiences, construction...



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