David K. Taylor | BuildSmart Listen to this post I have practiced law for 40 years, with the vast majority of that time spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving well over 300 times as… Continue reading Mistake No. 2 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Educating Clients on the Pros and Cons of Arbitration
Month: April 2024
Tips for Drafting Performance Specifications
William J. Tinsley, Jr. | Phelps Dunbar An owner’s traditional design (or prescriptive) specifications give the contractor specific, step-by-step details for construction. If the contractor builds a project according to design specifications, it has no liability for the design. In contrast, true performance specifications focus upon the owner’s requirements for the finished project. Performance specifications… Continue reading Tips for Drafting Performance Specifications
Mediating Construction Claims In Real-Time
Eric Brodfuehrer | Ankura Consulting Group Why Owners and Contractors Should Consider a “Third-Party Neutral” To Resolve Disputes Prior to the Completion of a Project A Third-Party Neutral During Construction Primer What Is a Third Party Neutral? A Third-Party Neutral, or Project Neutral, is typically understood to be a mediator or arbitrator in legal proceedings… Continue reading Mediating Construction Claims In Real-Time
Construction Trial Practice
Megan Carrasco | Snell & Wilmer For lawyers, serving as a juror is somewhat of a leprechaun moment. But as of January 1, 2023, in Arizona, the Arizona Rules of Civil Procedure no longer permit trial counsel to exercise peremptory challenges — meaning lawyers cannot freely strike whichever jurors they believe are adverse to their… Continue reading Construction Trial Practice
Indemnification In Construction Contracts
The Cromeens Law Firm I think a lot of contractors are afraid of indemnification provisions because they do not know what they mean and how they are supposed to work. The general idea behind indemnification in construction contracts is that you are responsible for any damage you cause and any injuries to your subcontractors or employees. This… Continue reading Indemnification In Construction Contracts