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July, 2009 Newsletter

Decline in Commercial Construction Anticipated in 2009

January 2009

According to forecasts by the American Institute of Architects, commercial construction spending is projected to decline by 11 percent in 2009.

Office buildings, hotels, and retail establishments will experience the largest declines in spending.
• Hotel construction -20.2 percent
• Retail building -19.2 percent
• Office building -17.5 percent

The decline is expected to slow somewhat in 2010, with retail seeing the most significant recovery (-6.6 percent in 2010).

One positive indicator has been a reduction in prices for key construction materials. Prices for steel, oil, gypsum products, lumber and cement have all come down which encourages developers and banks to build new projects.

Construction of institutional projects is also expected to see a drop in construction spending in 2009.
• Religious facilities -9.4 percent
• Educational facilities -7.4 percent)
• Health Care facilities -3.6 percent

The AIA Consensus Construction Forecast Panel is conducted twice a year with research data from McGraw Hill Construction, Global Insight, Moody's Economy.com, Reed Business Information, and FMI. 


The Construction Attorney's Toolbox - Building Solutions Through Mediation

Kent B. Scott
Babcock Scott & Babcock

Introduction to Article on "Prepare for Mediation"

If you are involved in a legal dispute, you may be able to settle it without going to court. One way to do this is to work out a solution with the help of a mediator - a neutral third person. This article addresses some of the many basics in preparing the client for mediation.

For now, mediation is going to be used with increased frequency by parties involved with a construction dispute. Attorneys will end up spending more time in mediation than court. The following represent a few fundamental questions lawyers should expect from their clients who are involved in a dispute. (Click here for the complete text of this article).


News of the Firm

• D. Scott DeGraffenried, our newest associate attorney and a member of the Arizona Bar, recently passed the Utah Bar and will be admitted to practice law in Utah. Scott, his wife Kathy and their three children recently moved from Phoenix, Arizona where he practiced law with a construction firm.

• Robert F. Babcock and Kent B Scott were selected to be named in the SuperLawyers' publication under the categories of "Construction Litigation" and "Construction/Surety." Justin E. Scott was also named as one of the Rising Stars in the Construction Industry. Selection for this listing is limited to the top five percent of all construction attorneys in the Intermountain States. Candidates for this list are evaluated on twelve indicators of peer recognition and professional achievement.

• Adam Mow was a presenter at the AIA's National Convention in San Francisco, CA. The topic of his presentation: "The Top 5 Lergal Issues of Building Information Modeling." Adam is currently serving as an adjunct professor of law at the University of Utah's S. J. Quinney College of Law. During the summer semester, he will be co-teaching a class entitled "Decision Making for Deals and Disputes."

• Robert F. Babcock spoke at the Utah Society of Professional Engineers Annual Conference on May 2, 2009.

• Brian Babcock, Jason Robinson and Cody Wilson presented programs for the Associated General Contractors of America, Utah Chapter, on mechanic's liens, payment bond claims, price escalation and construction contract record keeping.

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