September 21, 2012

From Engineering News Record

"More Firms Adopt Ethics Programs"

by Paula Moore

Widespread use of internal compliance and ethics programs by contractors is in its infancy, but many industry insiders believe that, like safety programs, they're here to stay. These programs are good for business because they help with productivity, risk management and recruiting young talent, experts say.

Changing decades of corporate thinking that pushed ethical and legal boundaries may take a while and be painful for some companies, but construction industry experts believe they're seeing the start of a sea change toward more ethical business practices industrywide.

"We've seen a combination of best practices, ethical practices and compliance, which reduce the risk of ramifications from both the government and the private-sector arenas," says construction attorney Gene Commander, managing shareholder for the Denver office of Polsinelli Shughart PC. "Ethics programs make companies more competitive."

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Courtesy of McGraw-Hill Construction

About Gene Commander

Gene Commander is the Denver office managing shareholder and he has more than 30 years of experience representing construction clients.

Mr. Commander has practiced construction law in Denver since 1981, where he often represents companies listed in Engineering News-Record’s Top 400 Contractors. His practice is focused primarily on the representation of general contractors, construction managers, EPC contractors and design-builders, although during his career he has also represented owners and developers, specialty subcontractors, architects and engineers, building material and equipment manufacturers and suppliers, surety companies, insurance carriers and financial institutions.

He provides strategic legal advice to his construction clients, ranging from project planning, contract drafting and negotiations to project finance, and from workouts to dispute resolution, including bid disputes; acceleration, lost productivity, delay, termination, scope of work, differing site condition, defective design, workmanship, and mold abatement claims; prompt payment, trust fund violation, mechanic’s lien foreclosure and bankruptcy proceedings; performance and payment bond, insurance and reinsurance issues; licensing and disciplinary proceedings; and product liability, property damage, personal injury and wrongful death actions. He litigates matters before state and federal courts, arbitration panels, governmental agencies and alternative dispute resolution forums. His experience includes international business transactions and related U.S. litigation.

He also frequently serves as an arbitrator and mediator for construction and related commercial proceedings administered by the American Arbitration Association.