Within the expansive world of construction law, there is a growing subpractice where the professionals at Baker & Daniels have perhaps a unique focus among American lawyers. It is in the area of automation and technology construction: the place where computers meet construction.
Companies that deal solely in the "sticks and bricks" of construction (e.g., builders, general contractors, developers, subcontractors and suppliers of materials) have "construction lawyers." These lawyers know about the various intricacies of construction law and can advise clients on issues that arise before, during and after a traditional construction project. Likewise, computer software companies have "computer lawyers," who are familiar with the unique aspects of the law that relate to computers and computer programs (and usually with some knowledge of intellectual property issues).
Automation and manufacturing professionals work in a realm that straddles the two worlds. A typical project involves "construction" in the traditional sense but also significant aspects of technology and computers. That is why Baker & Daniels has been instrumental in developing a new legal discipline to fill that void – the “technology construction lawyer." This discipline combines aspects of construction and computer law into a single expertise that recognizes the unique challenges and issues that can arise when technology collides with traditional construction. The “crossover” issues include the following:
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Intellectual Property – Intellectual property is an issue that general contractors (and their lawyers) rarely need (or choose) to address in traditional construction projects. However, technology contractors, end users and their lawyers should appreciate the importance of intellectual property issues when contracting to provide or receive certain technological and/or integration services.
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Warranties – The nature of contracts involving automation and technology can create problems on express and implied warranties that typically don't arise in the traditional "sticks and bricks" construction project. A technology construction lawyer can help a technology contractor avoid creating the type of warranties that can later give rise to a significant claim. Similarly, a technology construction lawyer can advise an end user how to best ensure that it can receive and enforce the warranties that are most important to the project.
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Specifications – Specifications also are an area of heightened concern for technology contractors and end users, especially since technology is ever-changing and specifications for a project accordingly shift even more than with traditional construction specs. Technology contractors and end users (and their lawyers) should pay special attention to these issues.
Baker & Daniels presently serves as General Counsel to the Philadelphia-based Control and Information System Integrators Association, or CSIA, a group of 200 engineering firms from around the world that are engaged in the automation of advanced manufacturing and process facilities.