LAC’S PERSPECTIVE
Legal Opportunities and Challenges for Contractors in 2024
BY BRENDA K. RADMACHER, AGC OF CALIFORNIA LEGAL ADVISORY COMMITTEE CHAIR
shortages, rising material costs, and han- dling backlog. Buildings and design teams are facing a variety of new challenges and are bringing their creativity and ingenuity to the forefront of the industry to provide new and better methods of bringing projects to completion. Te exponential technology growth and major advances shaping the construction industry will result in innovation, but will also lead to new areas of liability, claims, and legal challenges to be tackled. Early valuations are more important
A
fter a season of severe rain storms and weather, we are starting to come out the other
side – and with the uncertainty that surrounds the construction industry, we see substantial opportunities to those who embrace the changes we are all facing. From workforce and staffing issues,
to the increased use of AI, automation, off-site construction, and robotics, this year continues to show contractors the challenges and opportunities that await them. AGC of California’s Legal Advisory Committee (LAC) continues to stand ready to support and guide contractors through the legal issues they face. The LAC brings together the top law-
yers in California, both those working in-house with AGC of California mem- bers and those who are outside counsel who are brought in to help contractors negotiate deals or to resolve disputes over projects.
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CALIFORNIA CONSTRUCTOR MAY/JUNE 2024
Helping Contractors Navigate Unexpected Hurdles Sometimes technology can really stream- line the communications and activities on a complex construction project. However, if not managed effectively, increased technology for the construc- tion industry will result in increased complexity for the project as well as for the anticipated claims. Tis extends to both traditional payment/change order disputes, delay claims and construction defect issues as well as to issues arising out of the new technology itself. Regardless, it is clear the increase in technology will create substantial change in how contractors approach projects, develop and build new systems, and track data and personnel, as well as how construction claims and disputes are handled. Change in the expansive use of tech- nology is adding fuel to the fire of other hot issues of supply chain problems, labor
than ever, because long fights are going to be expensive. Contractors will need to ensure that their attorneys and consul- tants are sophisticated and nuanced in how they work to assist in the develop- ment of contracts, manage claims and litigation, and handle the volume of data. Te LAC this year has already taken on a host of activities and focused on some of the top legal and regulatory issues facing California contractors. As part of the LAC’s monthly meetings, we discuss the top issues, new cases deci- sions, and impacts of legislative actions on the industry. In addition, we work with the AGC
of California’s staff and consultants to ensure the LAC can support the latest activities and priorities of the association and its members. Starting this year, any AGC of California member company can have its in-house attorney be a member of the LAC for no additional fee. We would welcome all in-house counsel to join us as we strive to address the many legal concerns facing members. Some of the key topics and issues being tackled by the LAC include changes in the Federal Rules of Evidence and the impact of expert testimony being admitted in cases, a critical component to prevailing in a construction dispute. In addition, the LAC is addressing and discussing how to best utilize technol-
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