Publications and Speaking Engagements

Rick has spent countless hours writing articles and editing books about construction law and dispute resolution, as well as giving presentations about the same—all over the United States, and even in Canada and England. A selection of of his publications and presentations is listed below.

Please take a moment to listen to Rick’s powerful remarks at a rally in Harrisburg urging lawmakers to enact sensible gun legislation.

Publications

  • Co-author, "Disclosure of Seed Sets: Required to Cooperate or Protected as Attorney Work Product?," The Legal Intelligencer, February 18, 2014

  • Co-author, Pennsylvania Construction Law: Getting Started, Getting Covered, Getting Paid, PBI Press, 2011

  • Lead Co-author, "ConsensusDOCS 301 BIM Addendum," The Construction Lawyer, Vol. 29, No. 1, Winter 2009

  • "BIM Contracting Made Easy: The ConsensusDOCS 301 BIM Addendum," Constructor, December 2008

  • Featured in "How a homegrown legal contract will save building contractors from themselves," Philadelphia Business Journal, August 15, 2008

  • Lead Author, "View from Across the Pond: An American Perspective on the Society of Construction Law's Delay and Disruption Protocol," The Construction Lawyer, Vol. 27, No. 1, Winter 2007

  • "Litigating Industry Form Contracts: Not Standard After All," ABA Forum on the Construction Industry, April 2007

  • "Buckling Up Risks: The Construction Community And Its Insurers Should Embrace 3D Modeling To Further Reduce Risk On Complex Projects," Constructor, January/February 2007

  • Co-editor (of first edition), The Construction Contracts Book: How to Find Common Ground in Drafting and Negotiating Design and Construction Contracts, ABA Forum on the Construction Industry, 2004

  • "Battle of the Associations' Forms: AGC v. AIA," CONSTRUCT!, quarterly publication of the American Bar Association's Construction Litigation Committee, Spring Edition, 2003

  • Co-author of section on legal aspects of BIM, The Contractor's Guide To BIM, Associated General Contractors of America, 2004

  • Lead Co-author, "Design-Build for Public Education Projects," Design-Build for the Public Sector, Wiley publication, edited by Michael Loulakis, January 2003

  • Lead co-author, "When Architects Withhold Certificates of Substantial Completion and Other Problems," Construction TODAY Philadelphia, General Builders Contractors Association, Fall 2000; The Construction Lawyer, Vol. 19 (American Bar Association Forum on the Construction Industry), October 1999 [the article was cited in a case by the Supreme Court of Guam]

  • Lead Co-author, "Let's Make A Deal: Taking a Reasonable Approach in Drafting and Negotiating the Owner/Design Professional Agreement," American Bar Association Forum on the Construction Industry, Scottsdale, Arizona, October 13, 2000

  • "Construction Tips from Division 3: Checklist for the New A201 General Conditions," The Construction Lawyer, Vol. 18, (American Bar Association Forum on the Construction Industry), July 1998

  • "50-State Monograph on No Damages for Delay Clauses," American Bar Association, 1998

  • "Storing Materials at the Contractor's Yard,", The Construction Lawyer, Vol. 17, (American Bar Association Forum on the Construction Industry), October 1997

  • "How to Use Your Attorney Effectively: Strategic Strikes - Covert and Overt Operations," Building Profits, Construction Financial Management Association, March/April 1997

  • "American Bar Association Construction Litigation Committee Monograph on Economic Loss Doctrine in Construction Cases," prepared summary of law of Pennsylvania and West Virginia, 1995

Speaking Engagements

  • Panelist, "The View from the Seat at the End of the Table: What Being an Arbitrator or Mediator Has Taught Us About Being Better Advocates," 2017 Construction SuperConference, Las Vegas, December 5, 2017

  • Moderator, "Surprises are Rarely a Good Thing: Early Case Evaluation on a Global Scale," Construction Superconference, Las Vegas, December 5, 2016

  • Faculty, "Gamesmanship in Mediation: When Does Deception Become Unethical?" American Arbitration Association Webinar, May 11, 2016

  • Panelist, "Wrapping It Up: Closing Arguments and Effective Use of Jury Instructions in a Construction Case," American Bar Association's (ABA) Section of Litigation, September 9, 2015

  • Speaker, 2012 American Arbitration Association Construction Conference, New York City, June 1, 2012

  • Moderator, "A Comparison of Location-Based Construction Scheduling Method with the Traditional Critical Path Method: New and Improved, or More of the Same?" Construction SuperConference 2011, San Francisco, December 15, 2011; and American College of Construction Lawyers, February 2012

  • Keynote Speaker and Presenter, "How to Avoid Disputes: Using BIM to Identify Potential Problems for Early Resolution" and "Canadian Contract Initiatives for BIM & IPD," Building Information Modeling Forum: Best Practices for Leveraging New Technologies to Increase Efficiency and Profitability in Construction, Toronto, March 24-25, 2011

  • Speaker, "New ACORD Forms for Division 2," American Bar Association Forum on the Construction Industry webinar, March 10, 2011

  • Featured Speaker, "ACORD but No Satisfaction: Why Contractors Have Problems with the New CGL Certificate of Insurance," General Building Contractors Association Forum, January 12, 2011

  • Speaker, "Onerous Contract Terms: Damages, Performance Guarantees, Default Triggers, and Other Contract Nasties," National Association of Surety Bond Producers virtual seminar, August 17, 2010

  • Speaker, "Challenges of High Performance Buildings and Building Information Modeling," Pennsylvania Institute of Certified Public Accountants Annual Construction Industry Conference, Cranberry Township, Pennsylvania, October 22, 2009

  • Speaker, "New BIM Contracts: A Legal Perspective," Microsol Resources' Executive Breakfast Series program, New York City, July 16, 2009

  • Speaker, "Advice for Construction Lenders Taking over Troubled Projects," Duane Morris Presentation, Philadelphia, May 21, 2009

  • Speaker, "Risk Allocation In Building Information Modeling; The Only Thing to Fear is Fear Itself," GSA BIM Conference, Philadelphia, May 20, 2009

  • Co-speaker, "IPD: Comparison of AIA and ConsensusDOCS Form Documents," AGC Annual Convention, San Diego, March 5, 2009

  • Moderator, "IPD: Comparison of AIA and ConsensusDOCS Form Documents," AGC BIM Forum Meeting, Palm Springs, California, January 2009

  • Video conference, "ConsensusDOCS BIM Addendum," interview conducted by Tom Sawyer of ENR during AGC BIM Forum Conference in Lake Tahoe, California, June 2008

  • Speaker, "Legal Risk in BIM," University of Wisconsin Madison, June 24, 2008

  • Speaker, "Legal Risk in BIM," Wisconsin AIA, Milwaukee, Spring 2008

  • BIM Forum Legal Subforum Presentations on ConsensusDOCS BIM Addendum, AGC meetings in Boston, Miami, CURT Meeting in Orlando, and ACCL/AISC Meeting in Nashville, October 12, 2007, January 23-24, 2008, and spring 2008

  • Panelist, "Recovery Schedules: Two Steps Forward or One Step Back," Construction Superconference, San Francisco, December 2007

  • Panelist, "Risk Allocation in 3-D Virtual Modeling: Why Architects Should Jump On Board," Design on Delaware Program, Presented by GBCA at Philadelphia AIA's event, November 2007

  • Co-Speaker, "Litigating Construction Form Contracts," ABA Forum on the Construction Industry, 2007 Annual Meeting, San Juan, Puerto Rico, April 12, 2007

  • Speaker, "ConsensusDOCS Are Here!" GBCA Philadelphia, December 6, 2007

  • Panelist, "New Pennsylvania Mechanics Lien Law Amendments," GBCA Philadelphia, Fall 2006

  • Co-Speaker, "Critique of Society of Construction Law's Delay and Disruption Protocol," International Superconference, London Society of Construction Law, London, May 2006

  • Co-Speaker, "Risk Allocation in 3-D Virtual Modeling," Construction Superconference, San Francisco, December 2005

  • Co-Speaker, "Construction Management 2005: New Challenges and Opportunities with High Tech Projects," International Superconference, London, May 2005

  • Speaker, "Update on GBCA Litigation to Permit Public Schools in Pennsylvania to obtain waivers from statutory multi-prime requirement," AGC Building Division Meeting, Dana Point, California, January 2005

  • Panelist, "Whose Schedule is it Anyway? Risks, Roles and Responsibilities with the Project Schedule," Construction Superconference, San Francisco, December 2004

  • Panelist, "Allocation of Responsibilities in Design, Procurement, and Construction to Prevent Water Intrusion and Mold," Lorman Education Services, Philadelphia, December 18, 2003

  • Speaker, "Contract Provisions Re: Mold Prevention," Duane Morris Presentation, Philadelphia, September 23, 2003

  • Program Coordinator and Moderator, "How to Make Closing Argument in Both Bench and Jury Trials," Presentation of ABA Construction Litigation Committee at ABA Forum on the Construction Industry Annual Meeting, Scottsdale, Arizona, Spring 2003

  • "Good Practices for Design-Build Contracts," Pennsylvania Chapter of the Design-Build Institute of America, Plymouth Meeting, Pennsylvania, February 3, 2003

  • Panelist, "Walking the Tightrope on Schedule Updates - Mitigating Delay vs. Documenting the Claim," Construction Superconference, San Francisco, December 2002

  • "Allocation of Risk in Design-Build for Pharmaceutical Projects," Annual Meeting of the International Society of Pharmaceutical Engineers, sponsored by Design-Build Institute of America, Tampa, Florida, February 20, 2003

  • Speaker, Construction Risk Workshop, Philadelphia, Pennsylvania, July 11, 2002

  • Speaker, "Mediating Complex Construction Disputes," Philadelphia Bar Association ADR Committee, Philadelphia, Pennsylvania, June 6, 2002

  • Speaker, "Traditional v. Design-Build: Comparing the Contract Issues," Society for Marketing Professional Services, Philadelphia, Pennsylvania, January 9, 2002

  • Speaker, "Contracting for Design-Build Projects," Design-Build Institute of America (Pennsylvania Chapter), Exton, Pennsylvania, December 6, 2001

  • Speaker, "Risk Allocation in Design-Build," International Society of Pharmaceutical Engineers, Las Vegas, Nevada, November 7, 2001

  • Speaker, "Contract Issues in Construction," Lorman Education Services, Philadelphia, Pennsylvania, September 14, 2001

  • Program Coordinator, "Cumulative Impact Claims: Fact or Fiction," American Bar Association Forum on the Construction Industry, New Orleans, Louisiana, April 27, 2001

  • Speaker, "Comparison of Owner/Design Professional Form Agreements," Philadelphia Bar Association Construction Contracts Committee, Philadelphia, Pennsylvania, February 15, 2001

  • Speaker, "How to be a Savvy Consumer of Design Services," AGC Construction Project Delivery Superconference, Dallas, Texas, February 8, 2001

  • Speaker, "Pennsylvania Construction Issues - Payment & Claims Process," Lorman Education Services, Philadelphia, Pennsylvania, December 7, 2000

  • Speaker, "Introduction to Owner/Design Professional Form Agreements Used in the United States," Society of Construction Law (United Kingdom), London, England, November 28, 2000

  • Moderator and Program Coordinator, "Let's Make A Deal: Taking a Reasonable Approach in Drafting and Negotiating the Owner/Design Professional Agreement," American Bar Association Forum on the Construction Industry, Scottsdale, Arizona, October 13, 2000

  • Speaker, "Proving Damages in Delay and Disruption Claims," Construction Financial Management Association, Philadelphia, Pennsylvania, September 13, 2000

  • Program Coordinator, "When Your Own Trial Witness Blows a Gaping Hole in Your Case, How Far Can You Go to Keep Your Case from Sinking Like the Titanic?" American Bar Association Annual Meeting, New York, New York, July 10, 2000

  • Speaker, "Change Orders 101," The Construction Specifications Institute's 44th Annual Convention, Atlanta, Georgia, June 23, 2000

  • Speaker, "Combating Dirty Tricks and Hardball Tactics - How to Lawyer Effectively on the Construction Site," American Bar Association Forum on the Construction Industry Annual Meeting, Las Vegas, Nevada, April 29, 1998

  • Speaker, "So You're Going to be Deposed," The Construction Specifications Institute Annual Convention, Baltimore, Maryland, June 12, 1998

  • Speaker, "Life After the New AIA Forms: Will Litigation Ever Be the Same?" American Bar Association, National Institute on Construction Litigation, Chicago, Illinois, September 18, 1998; Philadelphia, Pennsylvania, October 2, 1998

  • Speaker, "Accounting, Bonding, Insurance, and legal Issues for Small Contractors," Construction Financial Management Association, Philadelphia, Pennsylvania, October 21, 1998

  • Speaker, "Amendments to Architects' Licensure Law," Construction Financial Management Association, Philadelphia, Pennsylvania, September 16, 1998

  • Speaker, "1997 Revisions to the AIA A201," Jacoby Donner, P.C., Philadelphia, Pennsylvania, January 20, 1998

  • Program Coordinator, "Mediation Advocacy," American Bar Association's Section of Litigation Annual Meeting, Washington, D.C., May 1997

  • Moderator, "Getting Paid," Construction Financial Management Association, Philadelphia, Pennsylvania, October 10, 1996

  • Speaker, "Application of Economic Loss Rule to Construction Projects," American Bar Association Annual Meeting, Chicago, Illinois, August 7, 1995

  • Speaker, "Pennsylvania Contractor and Subcontractor Prompt Payment Act," Philadelphia Bar Association, Philadelphia, Pennsylvania, September 1995