George Talarico | Construction Executive | September 18, 2018 Part I addressed general conditions, revised insurance terms, revisions that affect owner’s required insurance and revisions that affect contractor’s required insurance. REVISIONS THAT AFFECT DISPUTE RESOLUTION A seemingly minor but noteworthy change is to the definition of “Claim.” Under Section 15.1 a “Claim” is defined to: include… Continue reading A Word to the Wise: The AIA Revised Contract Documents Could Lead to New and Unanticipated Risks – Part II
Tag: dispute resolution
Strategy for Enforcement of Dispute Resolution Rights
Whitney Judson | Smith Currie | May 21, 2018 Arbitration and litigation each offer their own benefits and drawbacks to litigants looking to resolve a construction dispute. A careful analysis of these benefits and drawbacks may be helpful in determining whether to avoid or pursue either dispute resolution process. Arbitration is oftentimes regarded as the… Continue reading Strategy for Enforcement of Dispute Resolution Rights
2 Dispute Resolution Choices For Construction Contracts
Stacy La Scala | JAMS | May 7, 2018 It was the best of provisions; it was the worst of provisions, crafted by the wise and well-meaning alike. For years, construction documentation has been primarily sourced from the American Institute of Architects. The AIA provided guidance through the publication of contractual provisions involving many aspects… Continue reading 2 Dispute Resolution Choices For Construction Contracts
Dispute Resolution – Part Two: Mediation – Helping the Mediator Help You
Kent B. Scott | Babcock Scott and Babcock | January 5, 2018 This is the second installment in the series of articles on Dispute Resolution. The AIA – A-201- General Terms of the Construction Project, provides a requirement for the parties to mediate their dispute before resorting to arbitration or litigation. The contract requirement, in… Continue reading Dispute Resolution – Part Two: Mediation – Helping the Mediator Help You
Resolving Disputes Regarding Value of the Loss through the Appraisal Process
J. Robert Keena | Hellmuth & Johnson PLLC | June 13, 2017 With an increase in storm damage events throughout the Midwest, insurers are becoming increasingly frugal when adjusting storm damage losses. In the past, disputes regarding the value of the loss typically involved disagreements on pricing. Today more aggressive practice by insurers on even… Continue reading Resolving Disputes Regarding Value of the Loss through the Appraisal Process