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
Tag: Construction Disputes
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
4 Ways to Mitigate Construction Disputes
Bill Shaughnessy | ConsensusDocs Resolving construction disputes in litigation (court or arbitration) can be expensive and may drag on for years. Most disputes could have been avoided, or at least mitigated, had the parties (both owners and contractors) identified contract risks during negotiations and been more proactive in communicating the risks during execution of the… Continue reading 4 Ways to Mitigate Construction Disputes
Arbitration or Court for Construction Disputes: The Pros and Cons
Kyle Doiron and David Taylor | Bradley Arant Boult Cummings Many construction contracts used in the industry include clauses mandating that any disputes be decided by binding arbitration rather than a jury or bench trial. The standard AIA forms provide the parties with the option of court or arbitration. Trial courts, overwhelmed by a flood… Continue reading Arbitration or Court for Construction Disputes: The Pros and Cons