Alternative Dispute Resolution (ADR), Construction Law

A Construction Lawyer Can Help You Negotiate (Not Sue)

by Christopher G. Hill on 5/15/2013

Christopher Hill, LEED AP discusses further ways that a good construction attorney can assist a construction company to resolve its disputes ...more

In Site Spring 2013

by Kevin Greene, Inga Hall, Jamie Olsen | K&L Gates LLP on 4/30/2013

Welcome to the Spring edition of In Site. This edition covers the following topics: - A brief overview of the “Jackson cost reforms” to civil litigation which came into force on 1 April 2013 - A note of the...more

Careful Drafting Can Prevent Dispute Clauses from Being Ignored

by Joseph Kovars | Ober|Kaler on 4/22/2013

Two recent cases highlight the pitfalls facing construction parties -- owners, contractors and subcontractors -- when they use fairly common contract clauses that address how they want disputes decided. In one case, the...more

Is A "May Arbitrate" Clause Mandatory Or Permissive?

by Thomas Heintzman on 4/20/2013

What is the meaning of an arbitration clause which states that a dispute "may be determined by arbitration"? Does the clause mean that the arbitration process is permitted but not mandatory? Or does the word "may" mean that...more

Arbitration or Arbitrary? A Guide to Help You Decide Whether to Arbitrate Construction Disputes

by Brian Autry | Nexsen Pruet, PLLC on 3/20/2013

When will mankind be convinced and agree to settle their difficulties by arbitration? - Benjamin Franklin As a general rule, I am almost convinced that all disputes in the construction context should be settled by...more

Arbitrate, don't surrender!

by Thomas Valkenet on 3/19/2013

One-sided arbitration clauses don't survive judicial scrutiny in Maryland's state and federal courts. Maryland contract law will not enforce an arbitration clause lacking mutuality of consideration....more

Who Decides If There Is An Appeal From A Court Order Requiring Arbitration: The Parties Or The Court?

by Thomas Heintzman on 3/10/2013

One of the first issues that can arise in a dispute is whether arbitration or court proceedings must be pursued. The issue will often arise from a motion by a defendant in the action. The defendant will bring a motion to...more

Musings on Why I Mediate

by Christopher G. Hill on 2/26/2013

Christopher Hill provides his thoughts on construction mediation from a mediator perspective at Construction Law Musings. Mediation is a great way to resolve construction disputes without the expense and risks associated...more

Dispute Resolution Boards: Understanding Their Form, Function and Benefits

by Kimberly Gessner | Fowler White Boggs P.A. on 2/26/2013

There is a growing trend in Construction leaning towards “preventative law” in the shape of what is referred to as Dispute Resolution Boards (“DRB”), resulting in saving time, project costs, and legal fees both during and...more

Is An Agreement To Mediate Enforceable?

by Thomas Heintzman on 2/17/2013

A recurring issue in arbitration and construction law is whether an agreement to mediate is enforceable. That is because an arbitration or building contract may contain a clause imposing an obligation to mediate before...more

The Subcontract Contingent Payment Clause: How Does It Affect The Construction Industry?

by Larry Leiby | JAMS, The Resolution Experts on 2/13/2013

Originally published in Florida Bar Journal on February 13, 2013. A contingent payment clause in a subcontract is the clause that provides that the subcontractor assumes the risk of owner nonpayment. Such clauses are...more

Is A Third Party Obliged To Bring Its Claim Under An Arbitration Agreement?

by Thomas Heintzman on 2/11/2013

A recurring issue in arbitration law is whether a third party is bound to assert his or her claims by way of arbitration, even though the third party is not a party to the arbitration agreement. The Alberta Court of Appeal...more

JAMS Global Construction Solutions -- Winter 2013

by John Hinchey, Judith Ryan | JAMS, The Resolution Experts on 2/8/2013

In This Issue: Using Integrated Project Delivery to Avoid Construction Conflict and Disputes; Admissibility of Nonbinding Written Dispute Board Recommendations; Be an Expert with Experts and Notices &...more

Class Arbitrations Under Attack—But Survive

by Larry Leiby | JAMS, The Resolution Experts on 2/7/2013

Originally published in the Journal of the American College of Construction Lawyers Volume 7, Number 1, in Winter of 2013. There are certain indisputable benets of commercial arbitration: knowledgeable trier of fact,...more

Energy Newsletter - February 2013

by King & Spalding on 2/5/2013

In This Issue: - DISPUTE RESOLUTION: - International Arbitration: EU Member State Defends Measures Adverse to Energy Sector Investments on the basis of EU law - REGULATORY: - Competition Law/Russia: Russia...more

Can’t we all just get along? Mediation and settlement of the construction lawsuit (Law & Order: Hard Hat files Part 7)

by Melissa Dewey Brumback on 1/31/2013

Today, part 7 of our series on the Construction Lawsuit, Law & Order: Hard Hat files. At some point during the lawsuit (usually, but not always, after expert reports are produced), your lawyer may tell you the case is...more

How to Guarantee the HOA Can't Litigate Condo Construction Defect Claims

by Jared Berg, John Mill | Sherman & Howard L.L.C. on 1/30/2013

Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is a way to do this. ...more

The Expansive Breadth and Scope of Arizona’s New Revised Uniform Arbitration Act

by Richard Herold, Benjamin Reeves | Snell & Wilmer L.L.P. on 1/18/2013

Recently, the Arizona Court of Appeals determined that under the 2010 Arizona Revised Uniform Arbitration Act, A.R.S. §12-3001, et seq. (the AZ-RUAA), a contractual agreement to arbitrate extends to: (i) arbitration of claims...more

Developers May Require That Construction Defect Disputes Be Resolved Through Arbitration

by Meredith Jones-McKeown | Sheppard Mullin Richter & Hampton LLP on 11/20/2012

The California Supreme Court recently ruled that developers – by including an arbitration provision under the Federal Arbitration Act (FAA) in Homeowners’ Association Covenants, Conditions and Restrictions (“CC&R’s”) – may...more

Class Action Defendant Waived Right To Compel Arbitration After Class Action Certification

by Brooks Pierce on 11/7/2012

You probably remember the earlier opinion in Elliott v. KB Home, Inc., in which Judge Jolly certified a class action against the homebuilder KB Home over the improper installation of HardiePlank siding....more

Pinnacle's Limited Impact On California Property Litigation

by Zelle Hofmann Voelbel & Mason LLP on 11/5/2012

Originally published in Insurance Law360 on November 2, 2012. The California Supreme Court recently issued an important decision concerning the forum for litigation of construction defect claims. However, as a practical...more

Resolving international construction disputes – litigation or arbitration?

by Reed Smith on 10/31/2012

Introduction - As we have discussed in previous alerts in this series, many claims can arise under international construction contracts. Of course, not all those claims end up in a formal dispute. In the last alert we...more

Arbitration of Construction Defect Claims Against Developer and General Contractor

by Polsinelli on 10/18/2012

Denver District Court orders arbitration of construction defect claims in Glass House Residential Association v. Alta Riverfront LLC et al, no. 2012CV1531....more

Condominium Developers Can Require Arbitration for Construction Defect Lawsuits Through Project CC&Rs

by Kronick, Moskovitz, Tiedemann & Girard on 10/9/2012

The California Supreme Court recently held that the developer of a condominium project may unilaterally impose arbitration on an owners association by recording a declaration of covenants, conditions, and restrictions that...more

Alternative dispute resolution for energy and infrastructure projects – what are the alternatives?

by Reed Smith on 10/5/2012

Introduction - Energy and infrastructure construction projects take time, are technically complex, are of significant value, and involve a spectrum of participants with different interests. It is inevitable that there will be...more

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Alternative Dispute Resolution (ADR) › Construction Law