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
I have practiced law for 40 years, with the vast majority of that time spent 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...more
Many construction contracts used in the industry include clauses mandating that any disputes be decided by binding arbitration rather than a jury or bench trial. The standard AIA forms provide the parties with the option of...more
There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This is the last post of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I...more
7/13/2021
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Binding Arbitration ,
Change Orders ,
Contract Disputes ,
Dispute Resolution ,
Trial Exhibits ,
Trial Preparation ,
Witness Preparation ,
Witnesses
There is a great argument that lawyer advocacy in an arbitration is more essential than at trial in court. Agreeing to arbitrate disputes is a serious decision for any general counsel. There are many pros and cons, but when a...more
5/12/2021
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Credibility ,
Dispute Resolution ,
Due Diligence ,
Exhibit Issues ,
Mandatory Arbitration Clauses ,
Pre-Hearing Discovery ,
Trial Exhibits ,
Trial Preparation
This post is a continuation of the Top 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during, and after arbitrations in which I served as the arbitrator....more
There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This post is the beginning of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes...more
Effective representation of clients in construction mediations takes more than throwing together a mediation statement at the last second and showing up at the mediation. Doing it right requires the same kind of due diligence...more