If you don’t take care of details the first time — it may cost you more later.
A couple divorced in 1992. The divorce decree did not divide the parties’ property. The man now receives military retirement benefits from over 22 years of service in the United States military. In October 2010 the woman filed a motion seeking a post. The man opposed, arguing that the woman’s claim was barred by (1) the statute of limitations; (2) laches; and (3) estoppel. The superior court concluded that the woman could properly bring her motion, that her motion was not barred by the statute of limitations, and that laches barred only the retrospective division of the man’s retirement benefits. The man appealed. The court affirmed the decision on the merits, although it remanded on other issues. If you don’t get the Alaska court to issue a property decree when you divorce your spouse can return decades later and ask for more.
Corporation’s shareholders brought a derivative suit against a shareholder-director and the corporation’s former attorneys for fiduciary fraud, fraudulent conveyance, legal malpractice, and civil conspiracy. After an evidentiary hearing, the superior court ruled all the claims were time-barred. The Alaska Supreme Court affirmed the dismissal of all claims accept two claims against the law firms. Thirty five pages of information on statutes of limitations, tolling, discovery rule, and the distinction between attorney fee awards as damages versus costs.
Who: Clayton Walker, Jr. of Alaska Law Offices, Inc., 240 E. Tudor Ste. 230, Anchorage, AK 99503 907-375-9277.
What: The American Bar Association (ABA) Forum on the Construction Annual Meeting: Themed: Surfing the Next Wave: The Future of Construction Law.
When April 25-27
Where: DanaPoint, Calif.
Why: Building the Best Construction Lawyers.
The American Bar Association (ABA) Forum on the Construction Industry will hold its annual meeting, entitled “Surfing the Next Wave: The Future of Construction Law and Practice,” April 25-27 in Dana Point, Calif. The event will focus on technological advances for construction projects; the future of government regulation for preference programs and workforce issues; the future of construction insurance, bonding, and construction law practice; and the globalization of construction alternative dispute resolution.
THE LEGAL ISSUES ARISING FROM FUTURE ON-SITE CONSTRUCTION TECHNOLOGIES
The construction industry is finally focusing on its lack of productivity and efficiencies compared to other industries and is looking to advanced technology to change the paradigm. This session looks at the potential roles of emerging super hi-technology in construction, including robotics, modular construction, new contracting and administration techniques, and some key legal issues that may arise with the use of these new and emerging construction concepts, methods and materials.
PREFERENCE PROGRAMS IN PUBLIC PROJECTS: WILL THIS TREND CONTINUE?
This session is an opportunity to learn about future trends in federal, state and local government procurement, and particularly the expansion of programs to involve disadvantaged, small and local, disabled veteran-owned, minority-owned, and women-owned contractors, subcontractors, and suppliers, to require use of U.S. and local products and services (Buy America, ARRA and state/local initiatives) to protect particular industry sectors (anti-bid shopping laws), and to provide greater access to bonding
THE FUTURE OF CONSTRUCTION INSURANCE AND BONDING
What is the future of construction insurance and bonding and the law that governs them? Will domestic and international underwriting standards, coverages, and policy language begin to merge? Will there continue to be coverage for construction defects? Will subcontractor default insurance continue to make inroads into the surety market and will law governing it develop? Will legislatures eliminate the statutory requirements for bonds?
THE CONSTRUCTION LAWYER’S TECHNOLOGY TOOLBOX
(Presented in conjunction with the ABA Law Practice Management Section)
The ABA Model Rules of Professional Conduct now state that a lawyer should keep abreast of changes in the law and its practice, “including the benefits and risks associated with relevant technology.” This session showcases both hardware and software beneficial to a construction lawyer’s practice, while both in and out of the office. These new practice management tools have the potential to enhance client service many-fold, and are likely integral to the new paradigm that is “practicing construction law” in the 21st Century.
LEGAL SERVICES ARISING FROM NEW PROCUREMENT AND PROJECT MANAGEMENT TECHNOLOGIES
New technologies are revolutionizing the way projects are bid, negotiated, memorialized, and managed. This session examines the legal services that will likely be spawned by future advances in procurement and back office project management, such as internet-based procurement, reverse online auctions, on-line real time simultaneous contract drafting and
FORECASTING CHANGE IN CONSTRUCTION LAW PRACTICE — IDENTIFYING THE TRENDS AND TOOLS FOR THRIVING IN A CHANGING MARKETPLACE
This session explores how the construction business is changing and where the practice of construction law is headed. Given the dramatic need for construction services in the developing world, how will this globalization of the industry impact U.S. construction lawyers? What effect will the emergence of the “non-firm” law firm, contract lawyers, and outsourcing of legal services have? How will growing pressure to control fees and costs drive law firms’ use of technology and the possible use of construction litigation funding? Future consumers of legal services will likely demand counsel with higher levels of specialization, so how can small firms and solo practice lawyers compete in a more segmented legal market?
THE FUTURE IS NOW — THE IMPACT OF GLOBALIZATION ON CONSTRUCTION DISPUTE RESOLUTION
The project may be in your backyard, but the architect is from Sweden, the general contractor is owned by a Spanish conglomerate, and the steel is from China. Your local project may use the FIDIC contract forms, not AIA; and the UN Convention on the International Sale of Goods, not the UCC; and the New York Convention, not the Federal Arbitration Act, may be the governing law. Dispute resolution is as likely to be under ICC, ICDR, LCIA, or UNCITRAL rules as AAA. International norms are revolutionizing construction contracting and will influence the dispute resolution process. This session will explore the impacts of globalization on the future of domestic dispute resolution.
Camilla and Jerry were married for 13 years and had 3 children. They decided to divorce and used preprinted court forms to work out their own settlement. The Florida State Court forms that they used had provisions for the payment of alimony. The form left two blanks to describe the amount, duration and limitations on the alimony payments. They agreed to the payment of $10,000 a month until 2020 on one line. On the other line they put until the earlier of the 18th birthday of the middle daughter or until Carmella remarried. This was a five year difference and $600,000 hung in the balance.
The parties all moved to Alaska. They domesticated their order in Alaska and then had a dispute about whether the $10,000 a month stopped in 2015 or 2020.
The courts explored both the Florida and Alaska rules for resolving internal conflicts in the drafting of documents, Rules of interpretation, Conflicts of law and other rules. The trial court reached one result. If the ruling was based on the evidence, the ruling could stand. If the ruling was based on the applicable rule of law it could be reversed. The Alaska Supreme Court applied the rules differently and reversed. Read the decision to learn who won.
This outline is very brief and does not include provisions concerning public works contracts under the US Miller Act or the Alaska statutes. It also does not address any statutory changes subsequent to the author date. It also does not address any issues with respect to court interpretation. This information is provided for general information purposes so that you can learn about the general information to protect your business and know the importance of seeking counsel within thirty days of job completion when you have not been paid. Most important take away is time. You only have 120 days from last working on the property to assert your lien. You only have six months to sue on the lien claim unless you extend it. The time period used to be 90 days but was extended by statute effective September 7, 2010. These rights are among the post powerful collection tools at a contractor’s disposal. The following pages address twelve significant aspects of construction lien enforcement.
The Alaska Supreme Court held that Alaska Statute 09.10.210 extends the statute of limitations for cases that are filed and then dismissed. This includes matters where the prior case was never served on the defendant and the regular statute has already run.
THE SUPREME COURT OF THE STATE OF ALASKA
AMERICAN MARINE CORPORATIOd/b/a AMERICAN HYPERBARIC CENTER, Appellant, v. CRYSTAL SHOLIN, Individually; and PUBLIC EMPLOYEES LOCAL 71 TRUST FUND, Appellees.
Supreme Court No. S-14299 Superior Court No. 3AN-09-12353 CI O P I N I O N
Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Andrew Guidi, Judge. N- 6755 – March 8, 2013
It’s official, I am attending the annual meeting of the American Bar Association Forum on the Construction Industry in Dana Point, California. The theme of the meeting is the future of construction law and practice. The conference is April 25 through the 27th. Some of the topics are:
The legal issues arising from on-site construction technologies
Preference programs in public projects: Will this trend continue
The Future of construction insurance and bonding
The construction lawyer’s technology toolbox
Legal services arising from new project procurement and project management technologies
The law of the future — workforce issues
Forecasting change in Construction Law Practice
Globalization of construction dispute resolution
Preserving, finding and presenting construction project data at trial
There are 12 break out sections for various areas of specialization. If you’ll be attending from Alaska, I’d like to hear from you. If you are interested in me providing a report on my return to your business or group, I would be interested in talking about it before I attend. The full agenda can be found here.