Jerome F. Rock | Jerome Rock Law This is a Construction Defect Resolution Facilitation Model customized for the unique conditions that often exist in a construction project; particularly when there is a dispute between the contractor and the owner concerning defects in the project. The unique feature of this approach is that the Neutral orchestrates… Continue reading Construction Dispute Resolution Model involving Contractor Self-Performed Remediation
Tag: Alternate Dispute Resolution
Conflict? Construction Mediators Thrive On It
Christopher Hill | Construction Law Musings | November 21, 2016 Yesterday I attended a great CLE/CME (Continuing Mediator Education) seminar entitled “Brave New World for Mediation: Skills for Forging the Future.” Aside from the skills learned from the mediators at the seminar, one thing stuck with me from the keynote speech. In the course of… Continue reading Conflict? Construction Mediators Thrive On It
Arbitration Risks: Why Arbitration is Not Necessarily Better, Faster, or Cheaper Than Litigation
Mike Gaddis, Ph.D., Taj Clayton and Steven H. Stodghill | Fish & Richardson PC | November 30, 2016 There is a widespread belief that arbitration is unequivocally a better, faster, and cheaper alternative to litigation. According to some advocates, the advantages of arbitration include (1) saving money by streamlining procedure and limiting discovery; (2) reaching… Continue reading Arbitration Risks: Why Arbitration is Not Necessarily Better, Faster, or Cheaper Than Litigation
Bonding Company on Hook for Payment Bond Claim Even When Dispute Resolution Efforts Not Initiated by Sub
Don Gregory, Eric Travers, Mike Madigan, Stephanie P. Union, and Timothy Kelley | Kegler Brown Hill + Ritter | October 27, 2016 Bonding companies often argue that payment is not yet due under a payment bond because of “pay if paid” clauses, alternative dispute resolution (“ADR”) requirements, or other provisions of subcontracts that purport to… Continue reading Bonding Company on Hook for Payment Bond Claim Even When Dispute Resolution Efforts Not Initiated by Sub
Innovative Construction Contracting Formats – Will They Succeed?
Michael J. Baker | Snell & Wilmer | May 9, 2016 As we move further into the 21st century, we continue to see new trends develop in project delivery for the construction industry. The industry is experimenting with different project delivery formats and combining them with the incorporation of Building Information Modeling (BIM) into the… Continue reading Innovative Construction Contracting Formats – Will They Succeed?