Mastering the Art of Construction Dispute Resolution Clauses – A Neutral’s Perspective on Drafting ADR Agreements

Douglas Oles | JAMS Many neutrals may assume that they have little need for skills in drafting dispute resolution clauses. If so, they are wrong. In fact, there are good reasons why all ADR participants—including the neutrals—need experience in crafting the agreements governing such proceedings. Arbitrators constrained by poorly drafted arbitration agreements quickly learn the… Continue reading Mastering the Art of Construction Dispute Resolution Clauses – A Neutral’s Perspective on Drafting ADR Agreements

Jumping Through (Enforceable) Hoops: The Importance of Certainty in Multi-tier Dispute Resolution Clauses

Marie Devereux and Roberta Downey | Vinson & Elkins Contracts in the construction industry often include multi-tiered dispute resolution clauses. These are clauses which set out in an escalating sequence the stages of dispute avoidance and/or alternative dispute resolution (“ADR”) processes that parties would need to go through or follow before referring a dispute to… Continue reading Jumping Through (Enforceable) Hoops: The Importance of Certainty in Multi-tier Dispute Resolution Clauses

What’s in a Clause: What to Consider when Adopting an Arbitration Clause in Construction Contracts

Chris J. Chasin | Duane Morris Many in the construction sector are hesitant to dwell on dispute resolution clauses. After all, when your goal is to build something together, anticipating conflicts at the outset of the relationship can feel unseemly. But this hesitance relies on a misconception of what dispute resolution is: it isn’t the… Continue reading What’s in a Clause: What to Consider when Adopting an Arbitration Clause in Construction Contracts

The Devil’s in the Details: Dispute Resolution and Attorney’s Fees Contract Clauses

Kent B. Scott | Babcock Scott & Babcock | December 13, 2018             If you are a business owner, a property owner, or you work in the real estate industry, you have undoubtedly signed, drafted, reviewed, or negotiated many contracts. At their most fundamental level, written contracts are nothing more than the memorialization of the… Continue reading The Devil’s in the Details: Dispute Resolution and Attorney’s Fees Contract Clauses

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