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
Category: Dispute Resolution
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
Avoid Litigation in Multiple Forums – Check the Additional Insured Endorsement
R Thomas Dunn and Sheya Rivard | Pierce Atwood While lawyers often advise owner and contractor clients to obtain the additional insured endorsements, the certificate of insurance (COI) remains the most common form of proof provided on many construction projects. But the COI does not contain the language of the additional insured coverage, and it… Continue reading Avoid Litigation in Multiple Forums – Check the Additional Insured Endorsement
Check the Box: Considerations for Selecting Dispute Resolution Methods in Construction Contracts
Loni Hinton | Davis Wright Tremaine Time, cost, and quality are usually top of mind when parties are negotiating construction contracts. But, in today’s increasingly litigious world, it is important for parties to consider their dispute resolution options before “checking the box.” Most parties are familiar with the AIA A201-2017’s claim procedure, which includes mediation,… Continue reading Check the Box: Considerations for Selecting Dispute Resolution Methods in Construction Contracts