Matthew J. Boettcher | Don’t Bet the Business The start of a lawsuit often brings with it a sense of dreadful anticipation. There is an energy, a commitment and hopefully a goal. Also present is apprehension of both the known and unknown of what is to come. Those who have experienced litigation know of the… Continue reading 5 Things to Consider Before you Begin Facilitation
Tag: litigation
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
Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting
Rebecca L. Gobeil | Gordon Rees Scully Mansukhani Current AIA standard form agreements allow for a choice between binding arbitration or litigation, with a further option to enforce mediation as a condition precedent to proceeding with the selected dispute resolution method. Each option has its advantages and disadvantages – and one option does not fit… Continue reading Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting
Can I be Required to Mediate, Arbitrate or Litigate a California Construction Dispute in Some Other State?
William L. Porter | Porter Law Group It is not uncommon in the construction industry for an out-of-state general contractor to include a provision in a subcontract requiring a California subcontractor to resolve disputes outside the state of California, even though the work is to be performed within California. Fortunately, most California subcontractors are immune… Continue reading Can I be Required to Mediate, Arbitrate or Litigate a California Construction Dispute in Some Other State?
Arbitration v. Litigation: Dispute Resolution Considerations for Construction Professionals
Nicolas Bohorquez | Freeman Mathis & Gary An often-overlooked side effect of litigation, particularly in the construction industry, is the impact that it has on day-to-day operations. The more involved and protracted the litigation, the more your company must reallocate its resources (i.e. time and money) to tend to the litigation instead of focusing on projects that generate revenue. Despite the headache, litigation serves a necessary purpose to protect what… Continue reading Arbitration v. Litigation: Dispute Resolution Considerations for Construction Professionals