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JAMS

Multiparty Mediations: Strategies for Success

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Construction projects are often complex, involving many parties, materials and systems. Likewise, many construction-related disputes are complex because they involve multiple parties as well as complex technical and legal...more

Bradley Arant Boult Cummings LLP

Mistake No. 4 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Knowing When to Fold ‘Em

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

Miles Mediation & Arbitration

Mediating Construction Defect Cases and Other Construction Cases: Factors to Keep in Mind

Planning to mediate a construction law case? Whether your case involves construction defects, environmental issues, breach of contract, construction delays, or other construction-related claims, there may be multiple claims...more

Buchalter

Snapchat This! That Little Green Card is Pretty Important Says One Court

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We live in a world of e-mails, IMs, texts, Snapchats, TikToks, Instagrams and the occasional fax.  Although information is transmitted instantaneously in today’s environment, proof of receipt of that information (often called...more

TransPerfect Legal

Using Legal Technology to Navigate Complex Data in Construction Arbitration

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Technology is constantly evolving the construction and engineering industries. Recent trends include:   - Big Data – using historical big data to improve efficiency - Artificial Intelligence (AI) – leveraging automation to...more

Buchalter

Contractor Learns You Need an Expert to Join “Battle of the Experts”

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It kind of goes without saying, but you should probably bring your expert to a dispute if there is going to be a battle of the experts. One contractor recently learned this lesson to the tune of $65,000....more

Buchalter

Can A Construction Contractor Email Notice of a Claim? Maybe!

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A few years ago, I did a post on whether a digital signature in a construction contract was valid. Given the regularity by which parties now communicate by email, it is certainly a subject worth revisiting....more

Pierce Atwood LLP

Taking an Out of State Deposition in Rhode Island Just Got Easier!

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On July 15, 2019, the Uniform Interstate Depositions and Discovery Act (the “Uniform Act”) was enacted in Rhode Island. R.I. Gen. Laws 9-18.1-1 et seq. It will simplify the process of taking a deposition in Rhode Island for...more

Pierce Atwood LLP

Corporate Deposition — Multiple Witnesses At the Same Time?

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A few years ago, I represented a process piping subcontractor in a claim against the general contractor and the owner of a coal fired power plant in Massachusetts. While the case was unique and interesting in a number of...more

Carlton Fields

Supreme Court Of Florida Upholds The Frye Standard

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On October 15, 2018, in the matter of Richard Delisle vs. Crane Co., et al., the Supreme Court of Florida unequivocally reaffirmed that Frye remains the standard for the admission of expert testimony. This reaffirmation comes...more

Troutman Pepper

Combatting Arbitration Inefficiency

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“Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So provides the preamble to the Construction Industry Rules of the American Arbitration Association. ...more

Carlton Fields

Appeal it All! Guarding Against Multiple, Independent Grounds

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You’ve identified a killer issue for appeal, no doubt a winner. Congratulations! You still lose. How can that be? In Novum Structures, LLC v. Choate Construction Company, Inc., 698 Fed. Appx. 608 (11th Cir. 2017), the...more

Hogan Lovells

When does a disagreement become a dispute?

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Large construction projects provide significant scope for disputes of various types to arise between contractors and employers. An essential aspect to resolving the parties' disagreements, both in the course of executing the...more

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