Contract Disputes, Construction Contracts, Arbitrators

How Not to Frustrate an Arbitrator

JAMS on 3/11/2025

Common Mistakes Attorneys Should Avoid in Arbitration - A recent federal court ruling held that an arbitration award would be enforced under the facts of that case, regardless of whether the parties considered the award...more

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

Bradley Arant Boult Cummings LLP on 3/4/2024

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

Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Stoel Rives - Ahead of Schedule on 5/22/2023

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

What Parties Ought To Consider When Considering Arbitration Provisions

Stoel Rives - Ahead of Schedule on 5/22/2023

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

Construction contracts: ambiguities in remeasurement provisions

White & Case LLP on 4/9/2020

Remeasurement provisions are commonly used in construction and engineering contracts where there is uncertainty as to the quantity of work to be performed by the contractor. Remeasurement may be desirable in these situations,...more

Arbitrator: Produce Those Construction Documents . . . And Me: You Have No Authority!

Buchalter on 11/19/2019

Construction disputes often involve voluminous amounts of discovery, including documents in the hand of third parties. And if the case is subject to arbitration, it is likely that there will be a dispute about whether the...more