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Arbitrators Construction Contracts Construction Industry

Buckingham, Doolittle & Burroughs, LLC

Smart Business: Construction Contracts: How prevailing party clauses offer leverage to the little guy

A prevailing party clause is a contractual provision that requires the court or arbitrator to include the winning litigant’s attorneys’ fees and costs associated with the dispute as part of an award or judgment. In...more

Bradley Arant Boult Cummings LLP

The Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Mistake No. 1: Not Realizing It’s All About the Facts

I have practiced law for 40 years, with the vast majority 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 well over 300...more

Stoel Rives -  Ahead of Schedule

Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Originally published by the Daily Journal of Commerce on May 18, 2023. You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable...more

Stoel Rives -  Ahead of Schedule

What Parties Ought To Consider When Considering Arbitration Provisions

When reviewing a proposed design or construction contract, the responding party will often do a cursory check to see whether the contract proposes arbitration or litigation for dispute resolution. So long as the proposed...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

JAMS

JAMS Global Construction Solutions, Fall 2021 - The Latest News in Construction ADR from the World’s Leading Neutrals

JAMS on

Value Engineering Construction Arbitration - Designing a Better Process and Techniques Arbitrators Can Use to Help Parties Reach a Faster, More Cost-Effective Resolution - The rapid growth of construction arbitration...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

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Mediation, Arbitration, or Litigation: What Works Best for You? - September 15th, 12:00 pm - 1:00 pm ET

The last thing a party wants is a construction claim rising to the level of needing a mediator, judge, or arbitrator to find a resolution. The cost of the claims process can be detrimental to a company, not only in the...more

Spilman Thomas & Battle, PLLC

AAA’s Revised Construction Industry Arbitration Rules and Mediation Procedures

The American Arbitration Association (“AAA”) recently revised its Construction Industry Arbitration Rules and Mediation Procedures. The revised rules became effective on July 1, 2015 and include a host of changes, large and...more

Baker Donelson

American Arbitration Association Revises Construction Industry Rules and Mediation Procedures

Baker Donelson on

The American Arbitration Association (AAA) recently revised its Construction Industry Rules and Mediation Procedures (Rules). The revised Rules, which took effect on July 1, 2015, are intended to provide a more efficient and...more

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