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Mediation Construction Industry

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Five of the Most Common Construction Disputes that Require Construction Lawyers

Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more

Bradley Arant Boult Cummings LLP

Mistake No. 5 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Being a Jerk to Opposing Counsel

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

Bradley Arant Boult Cummings LLP

Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential...

I have practiced law for 40 years, with the vast majority as a “construction” lawyer. I have seen great… and bad construction lawyering, both when on the other side of a dispute, as well as when serving over 300 times as a...more

Ankura

Mediating Construction Claims in Real-Time

Ankura on

Why Owners and Contractors Should Consider a “Third-Party Neutral” To Resolve Disputes Prior to the Completion of a Project - A Third-Party Neutral During Construction Primer - What Is a Third Party Neutral? A...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 4, April 2024

Welcome to our fourth issue of 2024 for our construction industry insights e-newsletter - The Site Report. In our Ask the Attorney segment at the bottom of this e-newsletter, we introduce you to Todd Biddle, Member in...more

Pierce Atwood LLP

New Updates to AAA Construction Rules Now in Effect

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Effective March 1, 2024, the American Arbitration Association (AAA) has revised its Construction Industry Arbitration Rules and Mediation Procedures (AAA Rules). The AAA Rules provide a framework for resolving...more

JAMS

[PODCAST] JAMS Neutrals Discuss Evolution of ADR for Resolving Construction Disputes

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In this podcast, JAMS neutrals John W. Hinchey, Esq., and Leslie King O’Neal discuss the evolution of alternative dispute resolution (ADR) within the construction space. Their conversation starts with sharing their...more

Stoel Rives -  Ahead of Schedule

5 Keys to Early Mediation Success When Project Disputes Arise

Many construction, development, and real estate purchase agreements provide for early mediation as a condition precedent to arbitration or court litigation. Early mediation sessions usually fail, only to be followed months...more

Miles Mediation & Arbitration

The Latest Trends in Construction Law: What Attorneys Should Know Today

Supply chain issues. Labor shortages. A lack of qualified subcontractors. Even amid a building boom, the construction industry faces a number of challenges, many of which lead to legal disputes and other claims. As courts...more

White & Case LLP

Drafting Settlement Agreements with Enforcement in Mind

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There are currently a significant number of unresolved claims in Qatar as a result of the construction activities that took place in the lead-up to the FIFA World Cup, including due to the minimum wage increase,...more

Miles Mediation & Arbitration

Mediating Construction Defect Cases and Other Construction Cases: Factors to Keep in Mind

Planning to mediate a construction law case? Whether your case involves construction defects, environmental issues, breach of contract, construction delays, or other construction-related claims, there may be multiple claims...more

Miles Mediation & Arbitration

Construction Law and Alternative Dispute Resolution: A Look at Current Trends

Construction law encompasses a vast area of state and federal laws, rules, and regulations. Construction lawsuits may include issues of commercial law, contract law, employment law, environmental law, personal injury claims,...more

Vinson & Elkins LLP

Jumping Through (Enforceable) Hoops: The Importance of Certainty in Multi-tier Dispute Resolution Clauses

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Contracts in the construction industry often include multi-tiered dispute resolution clauses. These are clauses which set out in an escalating sequence the stages of dispute avoidance and/or alternative dispute resolution...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDIg? An Eye for an Eye?

Dear YouDig?, I am the CEO of a prominent and established developer. It’s been a long wonderful road. We are blessed with a great team who have worked together with great success. When I look back, the only thing I wish I...more

JAMS

JAMS Global Construction Solutions, Winter 2023 - The Latest News in Construction ADR from the World’s Leading Neutrals

JAMS on

Investor-State Mediation- A New Way to Deal with Old Problems? In common with commercial arbitration, a large proportion of treaty-based Investor-State disputes involve construction issues. In the Annual Report of 2021...more

Miles Mediation & Arbitration

Build Your Foundation: Five Smart Strategies to Prepare Your Construction Case for Mediation

Construction lawsuits can encompass a wide variety of claims ranging from construction defects, construction delays, breach of contract claims, structural deficiencies, and environmental issues, to name only a few. They also...more

Miles Mediation & Arbitration

Using Arbitration and Mediation in Construction Cases

Whether it’s a custom-built home, a large housing development or a high-rise condominium or office building, legal disputes related to construction issues can be complicated. The number of primary defendants and third-party...more

JAMS

[PODCAST] Demystifying Mediation Myths in the Construction Industry

JAMS on

A podcast from JAMS featuring neutrals Patricia H. Thompson, Esq., FCIArb, and Bruce A. Edwards, Esq., on some of the top myths on ADR within the construction industry - In this podcast, JAMS neutrals Patricia Thompson...more

Fox Rothschild LLP

Overview of Dispute Review Boards in the Construction Process

Fox Rothschild LLP on

Problems, disagreements and claims arise in most large and complex construction projects regardless of the project delivery method — design-build, design-bid-build, construction manager at risk, construction manager not at...more

JAMS

Eight Tips for Mediating High-Profile Construction Disputes

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Large-scale global construction disputes often present a complicated mix of factors, such as publicity-associated risks, government oversight, huge project size, a large number of implicated parties and momentous damage...more

Kilpatrick

The Future of Mediation by Video Conference

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There are two significant ways in which mediation by video conference will change construction law and both are a function of removing the need to travel. First, video conferencing allows more people to attend a mediation...more

Cole Schotz

Parties To Construction Contracts Should Exercise Caution When Allowing An Arbitrator To Change Hats Between Mediator And...

Cole Schotz on

Dispute resolution provisions providing for mediation as a prerequisite to arbitration are standard in AIA construction contracts. Parties may nonetheless mutually agree to eliminate or waive those provisions and proceed...more

Bradley Arant Boult Cummings LLP

Read Your Contract: It May Cost You Your Arbitration Award

Imagine receiving an arbitration award in favor of your client. You move to confirm the award, and the award is vacated because the parties failed to mediate prior to arbitration. That is exactly what happened in Burke v....more

White & Case LLP

Multi-tiered dispute resolution: the use of conciliation

White & Case LLP on

In the UK, disputes in the construction industry are rarely resolved through conciliation, with parties preferring recourse to adjudication, mediation, litigation or arbitration. However, a recent Australian case highlights...more

Kilpatrick

Should I Skip an Opening/Joint Session in a Construction Mediation?

Kilpatrick on

Mediation is a dispute resolution process that involves people who have feelings, goals, and marching orders. It is not simply an emotionless calculator for determining a monetary settlement. Originally published as a part...more

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