Power Owners in Strong Position to Collect Liquidated Damages, Managing Power, March 1, 2010 - Although law varies by jurisdiction, a recent case demonstrates arbitration panels' willingness to uphold liquidated damages clauses in power plant engineering, procurement, and construction contracts.
Lectures and Published Topics
$26.9 Million in Liquidated Damages Not a Windfall to Power Plant Owner, ConstructionRisk.com Report, Vol. 12, No. 3, March 2010 - The decision in New Athens is particularly significant regarding the enforceability of liquidated damages provisions. Liquidated damages provisions are too frequently overlooked, but can - and will - be enforced, often without consideration of actual damages.
Associated Builders and Contractors, Inc. - Management Education Seminar: Avoiding E-Trouble, February 17, 2010. Judah Lifschitz will conduct a seminar on what every business professional MUST KNOW to avoid the legal pitfalls and dangers associated with e-mail, e-documents, and e-data. Click here for registration form or register online at www.abcmetrowashington.org.
Green Building Projects Pose Special Risks for Contractors, Modern Contractor Solutions, February 2010
Owners Need Contract Protection When Building Green, Retail Law Strategist, December 2009
Liquidated Damages of $26.9 Million Held Enforceable and Not a Penalty (Athens Generating, L.P. v. Bechtel Power Corporation) , Construction Claims Advisor, Volume 7, Issue 46, November 23, 2009
Effectively Resolving Local and Global Disputes Through Mediation, Arbitration or Litigation, AOD Conference, September 2008
The Case of the Missing Corpses, Washington Post, June 27, 2008
The Fog of Police Shootings, Legal Times, October 17, 2007
Ownership and Reuse of Design Professionals' Designs, Chapter 10 in Architect and Engineer Liability: Claims Against Design Professionals, Third Edition. Sido, Aspen Publications, 2006
Who Owns the Float?, Construction Briefings, 2005
Handling Environmental Incidents at the Jobsite/Edition II, Construction Briefings 2003
Tort Liability In Construction Contracting/Edition II, Construction Briefings, 2001
Maryland's Collateral Order Doctrine, PGCBA News Journal, February 2000
Mechanics' Liens/Edition II, Construction Briefings, 2000
Construction Business Review, Washington, DC Column, 1991 - 2000
Construction Trust Fund Statutes and the Misappropriation of Contract Funds/Edition II, Construction Briefings 99-12
Copyright of Construction Plans and Structures, Construction Briefings 99-10
Proving Claims Under the FIDIC Conditions of Contract, Hawksmere, Plc, 1994
Misappropriation of Contract Funds, Construction Briefings 90-10
Delay and Disruption in International Construction, Construction Briefings 86-9
Bid Rigging, Construction Briefings 85-9
Little Miller Acts, Construction Briefings 84-8
Mechanics' Liens, Construction Briefings 82-5
Contributing Editor of the Construction briefings Collection, Federal Publications, Inc., 1982 to present