Benjamin E. Pollock and Bill Burns | King & Spalding | June 2016 Assume your major construction project has experienced an unexpected event that threatens to cause delays or increase costs. You have made a preliminary investigation and have tried to manage the impact by quickly engaging with your owner or contractor. But the issue… Continue reading Evaluating a Dispute During a Major Construction Project
Tag: Construction Dispute
Arbitration vs. Litigation: The Great Debate
David K. Taylor | Bradley Boult Cummings LLP | April 12, 2016 Many of the “form” commercial construction contracts (e.g., AIA forms) contain “dispute resolution” clauses proposing binding arbitration as opposed to courtroom litigation. Most U.S. courts, faced with the number of cases flooding the legal system, regularly enforce arbitration clauses. However, the decision to… Continue reading Arbitration vs. Litigation: The Great Debate
Litigating Construction Defects in Community Association Property: Part III
D. Brad Hughes | Jimerson & Cobb P.A. | March 18, 2016 Recap of Part II This article is Part III of a four part series. Part I was meant to inform the Board of a Condominium or Homeowners Association of some basic steps that should be taken when significant latent construction defects are discovered.… Continue reading Litigating Construction Defects in Community Association Property: Part III
If You Settle Your Construction Dispute, Have You Really Settled It?
Matthew DeVries | Best Practices Construction Law | March 14, 2016 Just this weekend, after breaking up a Minecraft dispute among four of my young children, I sent them back to the world of digital building. Within minutes, they were fighting again. Makes you wonder about whether you have really settled the dispute after you… Continue reading If You Settle Your Construction Dispute, Have You Really Settled It?
Ties That Bind: A Surety’s Right to Require Arbitration of a Construction Dispute
jeffrey S. Wertman | Berger Singerman LLP | March 9, 2016 Florida law generally favors arbitration as a matter of public policy. Although traditional arbitration administered by the American Arbitration Association (AAA) is not always less expensive or time-consuming than litigation, given its flexibility and the use of a knowledgeable trier of fact, arbitration can… Continue reading Ties That Bind: A Surety’s Right to Require Arbitration of a Construction Dispute