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
Tag: 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
The Coming Wave of Construction Disputes – Supply Chain Disruptions and Material Price Increases
Edward Federico and Kimberly Reome | HKA Case example: A 20-story apartment building is under construction in a major USA city’s downtown. The owner and general contractor established a contract with a guaranteed maximum price of $50 million and planned for a two-year construction schedule. The contractor lined up the subcontractors and started the foundation… Continue reading The Coming Wave of Construction Disputes – Supply Chain Disruptions and Material Price Increases
When the Project Goes Wrong: Thinking Twice About Using Transactional Counsel as Disputes Counsel and Other Advice for Choosing Disputes Counsel
Quinn Emanuel Urquhart & Sullivan As everyone in the construction industry knows only too well, most construction projects end up in dispute. A major construction project which is not the subject of threatened or actual litigation or arbitration is a rarity. When a contentious issue arises on a construction project, whether at the project level… Continue reading When the Project Goes Wrong: Thinking Twice About Using Transactional Counsel as Disputes Counsel and Other Advice for Choosing Disputes Counsel
Top Three Construction Disputes and How to Avoid Them
Julian E. Neiser | Spilman Thomas & Battle Construction professionals sometimes feel as if it is déjà vu when it comes to disputes—and they are right. There are a handful of claim types that always seem to rear their heads, even in projects that generally are run well. This article will briefly describe those claims… Continue reading Top Three Construction Disputes and How to Avoid Them