Joanne Clarke and Victoria Tyson | Global Arbitration Review Introduction Claims in construction projects are normal and to be expected, but the success of a project may be measured by, among other things, how claims have been administered and whether the parties have managed to avoid claims becoming disputes. Claims may arise under the contract… Continue reading Claims Resolution Procedures in Construction Contracts
Tag: Construction Dispute Resolution
In Brief: Construction Disputes in USA
Denis Serkin and Michael S. Zicherman | Peckar & Abramson Disputes Courts and tribunals Are there any specialised tribunals that are dedicated to resolving construction disputes? With very few exceptions, in most states there are no special courts or public tribunals dedicated exclusively to the resolution of construction disputes. However, the federal government and various… Continue reading In Brief: Construction Disputes in USA
Using Injunctive Relief To Stave Off The Mootness Doctrine
Anthony S. Guardino | Farrell Fritz Typically, a court will invoke the mootness doctrine when circumstances change in a way that prevents the court from rendering a decision that effectively resolves an actual controversy. In the world of zoning and land use litigation, courts will put significant weight on how far construction has progressed towards completion… Continue reading Using Injunctive Relief To Stave Off The Mootness Doctrine
The Complexities of Construction Dispute Resolution, Part I: Statutory Adjudication
Tony Cole | JAMS While disputes can occur in any type of commercial transaction, construction contains a unique mix of “ingredients” that increase the likelihood that disputes will arise. Whereas most commercial transactions involve only a few parties, construction projects involve many participants, each with its own needs and priorities, and each engaged in a… Continue reading The Complexities of Construction Dispute Resolution, Part I: Statutory Adjudication
Arbitration or Litigation?: Data and Discussion for Construction Industry Decision-Makers
James T. Dixon | Construction Executive With litigation as the default method for the resolution of disputes of all types, the construction industry has long used its contracting terms to fashion alternatives. These include mediation, arbitration, dispute resolution boards, partnering, early neutral evaluation, fact-finding and the use of an initial decision maker. Even with these… Continue reading Arbitration or Litigation?: Data and Discussion for Construction Industry Decision-Makers