Eric Adams and Melodie Khosrovani | Shutts & Bowen Introduction Indemnification is a risk-allocation tool that shifts responsibility for a loss from one party to another. In Florida, indemnification may arise either through an express contractual provision or under the doctrine of common law indemnity. Understanding the distinction is critical because different legal principles and… Continue reading The Purpose and Importance of Indemnification Provisions
Construction Mediation Best Practices for Productive Resolution
Philip Bruner, Nancy Holtz and Stacy LaScala | JAMS In this episode of the JAMS podcast, JAMS neutrals (Hon.) Nancy Holtz (Ret.), Stacy La Scala, Esq. and Philip Bruner, Esq. discuss how parties and counsel can make construction mediations more effective by focusing on preparation, communication and problem-solving long before the mediation session begins. Drawing on decades of experience resolving… Continue reading Construction Mediation Best Practices for Productive Resolution
Smart Dispute Boards: Leveraging AI In Complex Construction Cases
Lucas De Ferrari, Fabiana Pardi Otamendi and Nimanniyu Sharma | White & Case Construction disputes are characterized by complexity, volume and high financial stakes. AI-enabled tools are now being deployed to help dispute boards (“DBs”) manage that complexity and volume more efficiently. This alert analyzes the Dispute Resolution Board Foundation (“DRBF”) Guidelines on the use… Continue reading Smart Dispute Boards: Leveraging AI In Complex Construction Cases
Dispute Avoidance and Resolution Boards: A Practical Tool for Keeping Construction Projects Moving While Resolving Issues
Angie Nolet and Iman Hyder-Eliz | TransPerfect Legal Construction disputes rarely pop up overnight. Usually, they brew slowly: an unanswered request for information, a disputed change order, an unowned schedule impact. But the show must go on—and so must the project. Meanwhile, the dispute percolates, like lava in a caldera. So as the project veers… Continue reading Dispute Avoidance and Resolution Boards: A Practical Tool for Keeping Construction Projects Moving While Resolving Issues
Allocation of Responsibility in Wildfire Smoke Investigation Protocols
Advise & Consult, Inc. Key Takeaways Analysis 1. The Role of the Insured in Claim Investigations In property insurance claims involving wildfire smoke and particulate contamination, claims adjusters frequently question whether relying on a policyholder’s requested testing locations satisfies the carrier’s duty to investigate. An insurer is fully expected to gather factual input from the… Continue reading Allocation of Responsibility in Wildfire Smoke Investigation Protocols