Bill Wilson | Construction Law Zone Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is that courts are more likely to strictly enforce contract terms as written as well as the… Continue reading New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable
Category: Dispute Resolution
Mastering the Art of Construction Dispute Resolution Clauses – A Neutral’s Perspective on Drafting ADR Agreements
Douglas Oles | JAMS Many neutrals may assume that they have little need for skills in drafting dispute resolution clauses. If so, they are wrong. In fact, there are good reasons why all ADR participants—including the neutrals—need experience in crafting the agreements governing such proceedings. Arbitrators constrained by poorly drafted arbitration agreements quickly learn the… Continue reading Mastering the Art of Construction Dispute Resolution Clauses – A Neutral’s Perspective on Drafting ADR Agreements
Mechanic’s Lien Validity Can Be Decided in Alternative Dispute Resolution in Illinois
Robert J. Golterman, Jeremy P. Brummond and Taylor J. Essner | LewisRice On June 14, 2024, in a case captioned Portage Park Capital, LLC v. A.L.L. Masonry Construction Co., the Illinois First District Court of Appeals clarified and expanded the scope of arbitration in resolving disputes related to mechanic’s liens. Prior to the Portage Park decision, arbitrators determined the… Continue reading Mechanic’s Lien Validity Can Be Decided in Alternative Dispute Resolution in Illinois
What to Consider When Analyzing Dispute Resolution Provisions
Mario Nicholas | Stoel Rives Many owners, contractors, and design professionals take a “boilerplate” approach to dispute resolution provisions and don’t consider the risks specific to the project at issue. Parties also often wait until an actual dispute arises before closely analyzing dispute resolution provisions. To avoid pitfalls and mitigate risk, consider the following issues… Continue reading What to Consider When Analyzing Dispute Resolution Provisions
Six Tips to Successfully Implement Dispute Resolution Boards Nationally and Internationally
Peter Kamminga | JAMS In the demanding realm of construction, where time and money are paramount, dispute resolution boards (DRBs) stand out as a unique and underused asset. The key to unlocking their full potential lies in dispelling common misconceptions and mastering their application. Successful DRBs have not only swiftly resolved conflicts, but also streamlined… Continue reading Six Tips to Successfully Implement Dispute Resolution Boards Nationally and Internationally