Benjamin Codog III and Mario Nicholas | Stoel Rives Abstract Construction cost transparency is becoming a critical risk-management tool as owners and developers face tighter budgets, cost volatility, and increased financial scrutiny. This article explains how transparent pricing, documented change orders, and clear contract procedures help reduce disputes, improve decision-making, and keep projects on track.… Continue reading Managing Construction Risk Through Cost Transparency
When Clear Drafting is Not Enough: Fifth Circuit Rejects a “Sole Discretion” Arbitration Clause
Torin Shanahan | Epstein Becker & Green Parties use arbitration provisions for a variety of reasons, including enhanced efficiency and advantages of resolving disputes in private and outside of court. In crafting arbitration clauses, businesses often retain some asymmetry, giving one party rights the other party does not enjoy. Courts generally permit this, even in… Continue reading When Clear Drafting is Not Enough: Fifth Circuit Rejects a “Sole Discretion” Arbitration Clause
First 30 Days of a Construction Defect: Five Key Make-or-Break Decisions
Alexander Gebert | Fremman Mathis & Gary Nearly all risk managers, insurance carriers, brokers, and attorneys alike can remember getting the dreaded call that major property damage has been discovered or reported. Their first thought may be, “here we go again.” When an owner or other party first reports water intrusion, cracking, movement, or some… Continue reading First 30 Days of a Construction Defect: Five Key Make-or-Break Decisions
Ten Strategies for Deposition Success
Esquire Deposition Solutions Who doesn’t love a list article? Who can fail to appreciate a lifetime’s wisdom, curated and arranged on the page in (usually) 10 bite-sized, bullet-pointed nuggets? Who couldn’t use a breezy reminder on matters that must be minded? No one, that’s who. And while you might want help re-entering the working world… Continue reading Ten Strategies for Deposition Success
The Whys and Hows of a Mediator’s Proposal
Robert J. Jossen | FebArb It is a common refrain in mediations, “how about making a mediator’s proposal?” The answer frequently is “not yet” or “that’s not what I want to do.” What are the details behind the concept of a “mediator’s proposal” and when is it appropriate to be offered by the mediator and… Continue reading The Whys and Hows of a Mediator’s Proposal