Robert Ruggieri | Cohen Seglias Pallas Greenhall & Furman Disputes are a fact of life in the construction industry. As a practicing construction attorney for twenty years, both with a law firm and in-house at a national construction contractor, I have negotiated and helped resolve hundreds of construction disputes between owners, general contractors, subcontractors, architects… Continue reading Negotiating Construction Disputes: Lessons Learned from “Getting to Yes”
Month: November 2024
Why Homebuilders Must Carefully Structure Arbitration Clauses in Contracts
Alexander Dobrev | Lowndes Arbitration clauses in home purchase agreements and warranties can be powerful tools for resolving disputes efficiently. But as highlighted in a recent Florida appellate case, Osborne v. Drees Homes of Florida, it’s essential to structure these clauses carefully and clearly define their scope. Here’s why: For homebuilders, a well-crafted arbitration clause isn’t… Continue reading Why Homebuilders Must Carefully Structure Arbitration Clauses in Contracts
Professional Services Exclusion in GL Policy Issued to Property Inspector Barred Claims for Injuries Resulting from Inspector’s Failure to Replace Floor Panel
David Fagnilli | Marshall Dennehey The plaintiff was a real estate agent who was injured when she fell through an open inspection panel in the floor of a bathroom at a house that she had listed. She sued the property inspector who had been there before her, alleging that he had opened the floor to… Continue reading Professional Services Exclusion in GL Policy Issued to Property Inspector Barred Claims for Injuries Resulting from Inspector’s Failure to Replace Floor Panel
No Tricks—Only Treats!—When Parties Collaborate to Meet the Challenge of “Reasonableness” in Discovery
Craig W. Chaney | Reed Smith As opposing parties navigate the frightening process of discovery, “reasonableness” often lurks like an elusive spirit. While each party conjures their own version of what’s reasonable, the Federal Rules of Civil Procedure are summoned to provide guidance and temper disputes. The Rules have been repeatedly amended to help ensure… Continue reading No Tricks—Only Treats!—When Parties Collaborate to Meet the Challenge of “Reasonableness” in Discovery
Dispute Resolution Considerations in Construction Contracts
Cesar Pereira | Sheppard Mullin Richter & Hampton During a recent webinar, “Dispute Resolution Considerations in Construction Contracts”, I was joined by my colleagues Chris Kolosov and Emily Anderson to discuss the dispute resolution alternatives available to parties involved in construction contracts. Here are our key takeaways. Considerations for Selecting a Dispute Resolution Method: Selecting the… Continue reading Dispute Resolution Considerations in Construction Contracts