Michael Cortez | Baker & Hostetler Audio of this podcast is available at the link above. Lee: As construction projects become more intricate and expansive, the window for disputes has widened. Rushing projects into construction phases has led to contract document errors and omissions emerging as the key source of legal conflicts within the last… Continue reading Construction Litigation Unveiled: Navigating Disputes in the Built World
Tag: Construction Disputes
Proof by Sampling in Construction Disputes
Bob Breeze | HKA It is not uncommon in large construction projects for disputes to arise which involve several thousand alleged variations (or change orders) and/or alleged defects which need to be considered by the arbitral Tribunal or Court in the formal dispute resolution process chosen by the parties. In addition to the often-extensive factual… Continue reading Proof by Sampling in Construction Disputes
Oregon Court of Appeals Analyzes Insurance Coverage Issues in Construction Dispute
Blake Robinson | Davis Wright Tremaine Twigg v. Admiral Insurance Co. illustrates how relying on breach of contract claims may disadvantage property owners. In Twigg v. Admiral Insurance Co.,[1] the Oregon Court of Appeals recently resolved an insurance coverage dispute arising out of a construction project. Two homeowners hired a contractor to build a new home. The homeowners… Continue reading Oregon Court of Appeals Analyzes Insurance Coverage Issues in Construction Dispute
Architects Should Not Make Initial Decisions on Construction Disputes
Bill Wilson | Construction Law Zone A common provision often deleted from the standard form AIA documents is the provision in the AIA A201 General Conditions requiring an Initial Decision Maker (IDM) for claims between the contractor and owner. In the A201, the contracting parties have the option of naming their own IDM for the… Continue reading Architects Should Not Make Initial Decisions on Construction Disputes
Construction Professionals Should Consider Early Dispute Resolution Proceedings to Resolve Disputes
David M. Clarke | Gordon Rees Scully Mansukhani The judicial logjam caused by the pandemic increased demand for alternative dispute resolution (“ADR”), with some studies showing as much as a 17% rise over pre-pandemic use. The pandemic has also given rise to, or at least increased the use of, new alternatives to traditional ADR. One… Continue reading Construction Professionals Should Consider Early Dispute Resolution Proceedings to Resolve Disputes