The Lawyer's Role In Improving Contracting Practices In Underground Construction

The lawyer's role in underground construction, certainly for the past 20 years, has been principally that of the advocate in disputes resolution. Disputes in underground construction have been steadily increasing, making the lawyer a more prominent participant in the underground construction process. It is widely believed, however, that this is not a salutory state of affairs. It is our thesis that lawyers ought not be eliminated from the process, but rather that their role should be changed. They should function as prophylactics rather than as swords, i.e., they should be used to prevent or reduce disputes rather than, after the fact, to champion their clients' causes. a. Mr. Rubin is a partner in the New York law firm of Postner & Rubin. He has litigated and arbitrated numerous complex construction disputes. He has also participated in efforts to improve contracting practices on committees of ASCE and the National Academy of Engineering. b. Ms. Banick holds a BS in Civil Engineering from the University of Virginia and is a law student at New York Law School. She is a law clerk at Postner & Rubin.