David M. Clarke | Gordon Rees Scully Mansukhani The judicial logjam caused by the pandemic increased demand for alternative dispute resolution (“ADR”), with some studies showing as much as a 17% rise over pre-pandemic use. The pandemic has also given rise to, or at least increased the use of, new alternatives to traditional ADR. One… Continue reading Construction Professionals Should Consider Early Dispute Resolution Proceedings to Resolve Disputes
Month: April 2023
What’s in a Clause: What to Consider when Adopting an Arbitration Clause in Construction Contracts
Chris J. Chasin | Duane Morris Many in the construction sector are hesitant to dwell on dispute resolution clauses. After all, when your goal is to build something together, anticipating conflicts at the outset of the relationship can feel unseemly. But this hesitance relies on a misconception of what dispute resolution is: it isn’t the… Continue reading What’s in a Clause: What to Consider when Adopting an Arbitration Clause in Construction Contracts
Sustainable, Versatile and Resilient: How Mass Timber Construction Can Shake Up the Building Industry
Cait Horner, Allan Van Vliet and Adam Weaver | Gravel2Gavel Design professionals, real estate developers and builders alike are advocating for a relatively new way of using one of the world’s oldest building materials—wood—in large-scale commercial and residential construction projects. Mass timber, or structural timber, touts such benefits as carbon reduction and seismic durability—all with… Continue reading Sustainable, Versatile and Resilient: How Mass Timber Construction Can Shake Up the Building Industry
Construction Contract Tip – What Should Subcontractors Do About Pay-if-Paid Provisions?
Sam DeBaltzo | Tonkon Torp Almost every subcontract I see includes some type of “pay-if-paid” provision, meaning the general contractor (GC) is not required to pay the subcontractor until and if the GC receives payment from the owner. The precise language of the provision changes from contract to contract, but arises out of some variation of the… Continue reading Construction Contract Tip – What Should Subcontractors Do About Pay-if-Paid Provisions?
Insurance Coverage Fundamentals
Sacks Tierney Typically, depending on when the insurance coverage is triggered, the insurance company has the duty to defend its policy-holder and may ultimately have the duty to indemnify. Insurance is the most common form of risk avoidance. Through insurance, the contractor can shift the financial burden of many standard and extraordinary business risks to… Continue reading Insurance Coverage Fundamentals