Tony Cole | JAMS While disputes can occur in any type of commercial transaction, construction contains a unique mix of “ingredients” that increase the likelihood that disputes will arise. Whereas most commercial transactions involve only a few parties, construction projects involve many participants, each with its own needs and priorities, and each engaged in a… Continue reading The Complexities of Construction Dispute Resolution, Part I: Statutory Adjudication
The Government Contractor’s Guide to Termination for Convenience
Aron C. Beezley and Nathaniel J. Greeson | BuildSmart The Trump administration, as part of its efforts to reshape the federal government, began terminating federal contracts for the convenience of the government almost immediately after coming back to town. These contract terminations show no signs of slowing in the near term. Accordingly, government contractors need… Continue reading The Government Contractor’s Guide to Termination for Convenience
The Arbitration Club… Is Not So Exclusive
Daniel Lund III | Phelps Dunbar What happens when your designated arbitration forum is no longer available? Plaintiff entered a subcontract in 2017 for an oil-and-gas project, which included an arbitration clause referring disputes to arbitration under the rules of Dubai International Financial Centre’s joint partnership with the London Court of International Arbitration, a/k/a the… Continue reading The Arbitration Club… Is Not So Exclusive
The International Bar Association’s Site Visit Model Protocol for International Arbitration – An Overview
Nick Oury and Tania Forichon | Herbert Smith Freehills In international arbitrations concerning physical infrastructure – particularly construction projects – tribunals are often invited or otherwise request to visit the site of the project to assist their understanding of the issues in dispute. The International Bar Association (“IBA”) has recently published a Model Protocol to… Continue reading The International Bar Association’s Site Visit Model Protocol for International Arbitration – An Overview
Quick Tip: Don’t Indemnify for Breach of Contract
Christopher G. Hill | Construction Law Musings Every contractor or subcontractor has seen that indemnification language in a contract that states that the indemnifying party will indemnify the contractor, owner, architect, owner representative (and likely to dog walker, though I’m unclear on that one) for any claim relating to the indemnifying parties actions to include any breach… Continue reading Quick Tip: Don’t Indemnify for Breach of Contract