Law Library

New ABA book explores how forensic experts’ input can provide clarity in construction litigation


A recently published book by the American Bar Association, “The Effective Use of Forensic Experts in Construction Litigation” will help a litigation or arbitration team become more persuasive in telling the story about each construction issue or problem in a way that makes the complex case easier to understand, makes the truth more self-evident and exposes the fallacies of any attempt to conceal the truth.

The book seeks to examine the issues surrounding expert witnesses or consultants who help present or defend a claim or case. There are many complexities involved in a construction project. Problems can result from many causes, including design mistakes, poor quality of workmanship, unexpected cost overruns or late completion. When these problems and frustrations are not settled among the parties and they have no choice but to pursue legal remedies, forensic technical experts are asked to provide their expertise.

Filled with beneficial information from a wide variety of authors, “The Effective Use of Forensic Experts in Construction Litigation” is a helpful guide that aims to assist those who aspire to become a forensic expert witness in construction, assist those who already are a forensic expert witness and assist those who engage forensic expert witnesses so that they may become more effective in the way they utilize the services of an expert witness.

The book is edited by Thomas L. Rosenberg, Robert H. Pratt, Kerry L. Kester and Michael A. Branca.

Rosenberg is a partner with the law firm of Roetzel & Andress, LPA, in Columbus, Ohio, where he leads the construction law practice. Roetzel & Andress has been consistently recognized as one of the best law firms nationally and locally for construction and construction litigation by U.S. News & World Report.

Pratt, executive vice president of Demand Construction Services, Inc., in Denver, Colo., is responsible for professional services in the fields of forensic schedule analysis, forensic cost estimating and damages.

Kester practices law at Woods & Aitken in Denver, where he focuses on construction contracting; construction dispute resolution; and counseling of general and specialty contractors, owners, subcontractors, sureties, design professionals and suppliers.

Branca, a partner in the Washington, D.C., office of Peckar & Abramson, P.C., focuses his practice on construction and government contract law.

 

ABA book captures useful insights from experts for lawyers facing negotiations
 

Just published by the American Bar Association, “Negotiation Essentials for Lawyers” is a practical guide specially designed for lawyers’ needs, covering more than 50 key negotiation topics.

While editing “Negotiation Essentials for Lawyers,” editors Andrea Kupfer Schneider and Chris Honeyman relied upon experts from a variety of fields who contributed up-to-date research and theoretical advances in negotiation. The book serves as a crucial compendium for legal practitioners looking for clear and practical guidance when facing negotiation decisions. Each chapter focuses on real-world advice and covers a wide array of topics — such as when it’s wise to apologize and what lawyers should consider before hiring an interpreter in an international dispute.

Schneider is a professor of law at Marquette University Law School in Milwaukee, where she teaches dispute resolution, negotiation, ethics and international conflict resolution. She also directs Marquette’s nationally ranked dispute resolution program. She is co-editor of the recently published “The Negotiator’s Desk Reference,” among her numerous other books and articles.

Honeyman is managing partner of Convenor Conflict Management, a consulting firm based in Washington, D.C. Besides co-editing “The Negotiator’s Desk Reference,” he has authored more than 100 published articles, book chapters and monographs, and has served as a neutral in more than 2,000 cases.

This book was published in conjunction with the ABA Section of Dispute Resolution.

 

ABA releases updated guide to understanding Fourth Amendment case law
 

Just published by the American Bar Association, “The Fourth Amendment Handbook, Fourth Edition” is the definitive guide to understanding Fourth Amendment case law. This newly updated edition, edited by Laurence A. Benner, includes 45 new Supreme Court decisions, delivered from January 2010 to January 2019. This period highlighted the controversial nature of the privacy rights guaranteed by the Fourth Amendment and their enforcement, especially in the digital age.

“The Fourth Amendment Handbook” includes a conceptualization of the Fourth Amendment for the case analyses within the book, a roster of the Supreme Court 1914-2019, a survey that includes information about each case and a chronological table of cases to help readers locate cases within the survey.

With detailed summaries of all Supreme Court Fourth Amendment decisions through January 2019, “The Fourth Amendment Handbook” is an excellent reference on the evolving history of the Fourth Amendment. Judges, law-enforcement officers and other members of the criminal justice community will find valuable information in this important resource.

Benner edited the updated edition of “The Fourth Amendment Handbook,” written by the late William W. Greenhalgh. Benner is managing director of Criminal Justice Programs at California Western School of Law, where he co-founded the Institute for Criminal Defense Advocacy, which operates the California Innocence Project and the Janeen Kerper National Trial Skills Academy. He currently teaches Criminal Law, Criminal Procedure, Constitutional Law, and Advanced Criminal Justice. A graduate of the University of Chicago Law School, Benner was recently elected to The Fellows of the ABA in recognition of his service to the legal profession for more than 30 years.

This book was published in conjunction with the Criminal Justice Section.