Residential Contractor Boot Camp
Construction Delays in the Time of Coronavirus: A Legal Perspective
Last week we were lucky enough to attend the Institute of Energy Law’s 23rd Annual Energy Litigation Conference in Houston, TX, and hear its unique collection of industry professionals exchange insights and address some of...more
During a recent webinar, “Dispute Resolution Considerations in Construction Contracts”, I was joined by my colleagues Chris Kolosov and Emily Anderson to discuss the dispute resolution alternatives available to parties...more
1. AN AGREEMENT TO AGREE IS UNENFORCEABLE – OR IS IT? An agreement to agree is not enforceable. For example, in a sale of goods contract, price is an essential ingredient, and if still to be agreed between the parties,...more
Last week, the 11th Circuit Court of Appeals confirmed an international arbitration award in a case involving a failed hydroelectric project in Guatemala. The project involved an Engineering, Procurement, and Construction...more
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...more
Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more
A prevailing party clause is a contractual provision that requires the court or arbitrator to include the winning litigant’s attorneys’ fees and costs associated with the dispute as part of an award or judgment. In...more
Reconnect with your peers and key stakeholders from construction companies, public sector, and infrastructure! The Canadian Institute’s 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern...more
Investor-State Mediation- A New Way to Deal with Old Problems? In common with commercial arbitration, a large proportion of treaty-based Investor-State disputes involve construction issues. In the Annual Report of 2021...more
Even with strong documents designed to minimize liability, claims still occur. Implementing a comprehensive defense strategy from the very first notice of claim can be the difference between victory or defeat. Join...more
A podcast from JAMS featuring neutrals Patricia H. Thompson, Esq., FCIArb, and Bruce A. Edwards, Esq., on some of the top myths on ADR within the construction industry - In this podcast, JAMS neutrals Patricia Thompson...more
Australia is a highly advanced mixed economy, but investors – often drawn to the country's economic stability and resilience – should be aware of certain clauses that typically appear in construction contracts. Australia...more
In the UK, disputes in the construction industry are rarely resolved through conciliation, with parties preferring recourse to adjudication, mediation, litigation or arbitration. However, a recent Australian case highlights...more
Join Miles mediator and arbitrators Jennifer Grippa and David Matthews, along with Frank Brown, partner in Weissman Law and General Counsel of the Greater Atlanta Home Builders Association, Inc., Jerry Warshaw, Founder and...more
When parties cannot resolve a claim during a major construction project, the contract’s dispute resolution provisions do not always need to read as step-by-step instructions. To the contrary, the situation may warrant a...more
A few weeks back my colleague, mentor and friend Greg Faulkner wrote a post here that looked back on his 25 years as a construction lawyer. It was a very thoughtful piece and frankly I think it was one of the best legal blog...more