Tom Oster | Harris Bricken Over the years, “Alternative Dispute Resolution” (ADR) has become more and more prevelant in both contract drafting as well as litigation. Far from being an “alternative,” most disputes at some point will involve some degree of ADR, whether required by contract, by the courts, or driven by the costs of… Continue reading Alternative Dispute Resolution: Mediation, Arbitration, and Appraisal
Category: Dispute Resolution
Dispute Resolution in Your Construction Contract
David Adelstein | Florida Construction Legal Updates There are important provisions in your construction contract that are geared towards dispute resolution. These are provisions you want to understand – not when a dispute arises, but BEFORE the dispute ever occurs. Many times, dispute resolution provisions are cast aside or not appreciated until a dispute rears its ugly head. … Continue reading Dispute Resolution in Your Construction Contract
Arbitration v. Litigation: Dispute Resolution Considerations for Construction Professionals
Nicolas Bohorquez | Freeman Mathis & Gary An often-overlooked side effect of litigation, particularly in the construction industry, is the impact that it has on day-to-day operations. The more involved and protracted the litigation, the more your company must reallocate its resources (i.e. time and money) to tend to the litigation instead of focusing on projects that generate revenue. Despite the headache, litigation serves a necessary purpose to protect what… Continue reading Arbitration v. Litigation: Dispute Resolution Considerations for Construction Professionals
A General Introduction to Projects and Construction in USA
Henry Scott, Karen B. Wong and Miguel Duran | Milbank An extract from The Projects and Construction Review, 11th Edition Introduction The project finance market in the United States benefits from a well-developed legal framework and sophisticated financial markets. The US legal system is generally viewed as clearly codified, stable and efficient, as well as… Continue reading A General Introduction to Projects and Construction in USA
Understand the Dispute Resolution Provision you are Agreeing to
David Adelstein | Florida Construction Legal Updates When negotiating a contract, do not overlook the dispute resolution provision. It is one of the more important provisions in your construction contract. This provision will come into play and have ramifications if there is a dispute, which is certainly not uncommon on a construction project. In dispute resolution… Continue reading Understand the Dispute Resolution Provision you are Agreeing to