Kenneth R. Crystal and Allen Major | Phillips Lytle Many form construction agreements include a mutual waiver where both the owner and contractor waive claims against each other for consequential damages. What are consequential damages? And should the owner, contractor and subcontractor agree to waive them? What are the implications of the waiver? What Are… Continue reading Should Your Construction Agreement Include a Waiver of Consequential Damages?
The Power of Resolution
Wall Street Journal As a judge in Miami, Jennifer Bailey saw how court cases could drag on. Since becoming an arbitrator with the American Arbitration Association® (AAA®), however, she has been struck by how quickly the dispute resolution process can work: In one case involving a dispute over construction materials, the parties settled the matter in… Continue reading The Power of Resolution
Best Practice for Mediators: Tools and Tactics to Overcome Perception Barriers and Close Deals
American Arbitration Association A. Introduction Experienced mediators recognize that when parties frequently arrive at mediation, they are convinced that their understanding of the dispute is correct and that a judge or jury will validate their position. When opposing parties hold sharply different views about what happened, who bears responsibility, and what constitutes a fair outcome,… Continue reading Best Practice for Mediators: Tools and Tactics to Overcome Perception Barriers and Close Deals
Mediation Standards of Conduct
American Arbitration Association In this inaugural column on mediation ethics, we invite you to think about the subject not as a list of black-and-white rules, but rather as a vast constellation of influences shaping our worldview and how we conduct ourselves within that broad expanse, yet remain governed by the rules of the profession. Personal… Continue reading Mediation Standards of Conduct
5 Unique Challenges in Ediscovery for Construction Litigation and How to Solve Them
Amanda Fong | Nextpoint If you’ve ever managed ediscovery for a construction matter, you know it’s a different beast. From seven-terabyte data collections to CAD files your review platform can’t even open, the challenges are real and specific. This construction litigation support guide draws from a recent Nextpoint + EDRM webinar that covered the five most common pain points… Continue reading 5 Unique Challenges in Ediscovery for Construction Litigation and How to Solve Them