Jeremy C. Sahn and Adam F. Haimo – Bilzin Sumberg – January 2, 2014 Anyone with experience in the construction industry knows that form construction contracts are routinely used to memorialize agreements for the construction of new projects. Standardized contract forms promulgated by various institutions are indeed an extremely valuable resource for architects, developers, contractors, and… Continue reading Construction tip #7: Developers Should Not Rely Entirely on Standard Forms of Construction Contracts
Month: January 2014
Can’t We All Just Get Along?
Diaz Reus – December 18, 2013 The benefits to mediation over litigation are substantial: it’s ultimately less expensive than proceeding to trial; it saves time; and it avoids the hidden costs of litigation, which often include reduced productivity and, likely, profitability. Moreover, it is usually a court ordered requirement prior to proceeding to trial. Mediation… Continue reading Can’t We All Just Get Along?
Developers and Homebuilders: the Ramifications of Yanni v. Tucker Plumbing, Inc.
Robert A. Henry – Snell & Wilmer – December 6, 2013 On November 20, 2013, Division Two of the Arizona Court of Appeals issued its opinion in Yanni v. Tucker Plumbing, Inc., 2013 Ariz. App. LEXIS 235. While the opinion was a victory of sorts for the real estate and construction industry generally in Arizona, the… Continue reading Developers and Homebuilders: the Ramifications of Yanni v. Tucker Plumbing, Inc.
Excluding Expert Testimony the Jury Already Heard
Robert Ambrogi – IMS Expert Services – December 31, 2013 You’ve heard the saying, “You can’t put toothpaste back in the tube.” Well, how about expert testimony the jury wasn’t supposed to hear? Does a judge’s instruction to disregard the testimony put the toothpaste back where it belonged? The 10th U.S. Circuit Court of Appeals… Continue reading Excluding Expert Testimony the Jury Already Heard
How Likable Should an Expert Witness Be?
Billy L. Akin – December 6, 2013 Credibility…..a vital ingredient of an expert witness. How about “likability”? Is this trait involved in the effectiveness of presenting testimony? Hastening to my conclusion, I think likability is crucial. Does this overall perception of another human not make a difference? When “your honor” puts on the robe and… Continue reading How Likable Should an Expert Witness Be?