December 2016

Susan Elliott, an associate in the firm's Washington, DC Office and Alan Winkler, a partner in the firm's New Jersey office, co-authored an article in the AGC of America Newsletter, Volume 2, Issue 6, December 2016, titled "Warning – A Mutual Waiver of Consequential Damages Could Be One-Sided". The article discusses how many contracts have clauses described as a mutual waiver of consequential damages. Contractors may believe this is fair, puts them on an equal footing with the owner and protects them from having to be responsible for the owner's consequential damages. However, this may be a fallacy because owners will claim a broad exception. Many of those same contracts have liquidated damages clauses where the liquidated damages are based on a projection of consequential damages. Owners will take the position that liquidated damages are recoverable notwithstanding the mutual waiver clause.

November 2016

Peckar & Abramson, P.C. (P&A) is pleased to announce that U.S. News & World Report and Best Lawyers® “Best Law Firms” has named P&A “Law Firm of the Year” in Construction Law for 2017. Only one law firm per area of practice is selected for this honor each year. This represents the third year in a row that Peckar & Abramson has been granted recognition as “Law Firm of the Year”. In addition to receiving “Law Firm of the Year” in the area of Construction Law, P&A has also earned outstanding rankings, both nationally and in six metropolitan areas, in the 2017 U.S. News & World Report and Best Lawyers® national and metropolitan lists. This is the eighth consecutive year that P&A has been ranked in the top tier for Construction Law nationally.

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Michael A. Branca, Mark R. Berry and Jesse S. Keene, attorneys in the firm's Washington, D.C. office, authored a book titled "Virginia Practice – Construction Law 2016 Edition" published by Thomson Reuters. The book includes summaries and analysis of statutes, regulations, and cases covering all the major legal issues, including licensing, building code compliance, public-private partnerships, public contract bidding and performance, dispute resolution, damages, third-party liability and liens and bonds. It also explores the interrelation of federal procurement and fraud statutes with Virginia law.

Michael C. Zisa, a partner in the firm's Washington, D.C. office, was mentioned as an expert source for the National Association of Surety Bond Producers (NASBP). Mark H. McCallum, CEO for the NASBP, discussed education on Joint Ventures in Construction for Surety professionals in his Comments from the CEO section in the September-October 2016 Newsletter, the Pipeline. In his comments, Mr. McCallum noted that Mr. Zisa created an online course for the NASBP entitled "Joint Ventures in Construction: What You Need to Know" which will be released Spring 2017.

Jerry P. Brodsky and Fernando J. Langa, attorneys in the firm's Miami office, co-authored an article for the Daily Business Review entitled "Expert Testimony: Hot-Tubbing in Legal Proceedings" published on November 3, 2016. The article discusses the use of "hot-tubbing", a better process for presenting expert testimony to the trier of fact. This process is frequently used in international arbitrations as well.