Erika Birg | Inside Counsel | March 24, 2016 The parties are close to completing their negotiations on every point in the deal, but there is one aspect left: dispute resolution. It is admittedly difficult when putting together an agreement to look ahead to how it may fall apart in the future, but that is… Continue reading Arbitration 201: Drafting the Arbitration Clause for the Arbitration you want
Tag: dispute resolution
Another Reason to Love Construction Mediation (Read: Why Mediation Works)
Christopher G. Hill | Construction Law Musings | November 18, 2015 I’ll bet you’re thinking by now that I have beaten the mediation drum to death and that I wouldn’t have any more praise for the process than I have heaped upon it here at this corner of the construction law “blawgosphere.” Well, just about… Continue reading Another Reason to Love Construction Mediation (Read: Why Mediation Works)
Arbitration Rulings are Final, Even When the Arbitrators Get It “Wrong on the Law”
David K. Nelson | Kean Miller | August 13, 2015 Parties involved in the construction industry have long been familiar with mandatory arbitration as a dispute resolution procedure. Originally arbitration was said to be more efficient and less expensive than litigation. Over time, experience has shown that arbitration is not necessarily more efficient or more… Continue reading Arbitration Rulings are Final, Even When the Arbitrators Get It “Wrong on the Law”
Improvements to AIA Contracts?
Craig Martin | Construction Contractor Advisor | February 5, 2013 Joel Sciascia, general counsel for the construction management company Pavarini McGovern, made some insightful comments in the Viewpoint section of the latest Engineering News Record magazine. He argues that architects should not be the initial decision maker (“IDM”) under AIA contracts. Instead of using the architect, Mr. Sciascia… Continue reading Improvements to AIA Contracts?
Drafting Contracts to Minimize or Avoid Claims
Jason Ebe – Snell & Wilmer – September 4, 2014