Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential Mediators and Arbitrators

David K. Taylor | BuildSmart 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 on the other side of a dispute, as well as when serving over 300 times as a mediator or arbitrator in construction disputes. To be… Continue reading Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential Mediators and Arbitrators

Practical Tips for Negotiating an Effective Contractual Limitation of Liability

Jason Ebe | Snell & Wilmer In this author’s experience, the most effective contract terms are those that mirror the parties’ business expectations and negotiations and allocate risk in a fair and balanced manner. Some advocates treat contract negotiations as they do litigation, always seeking to gain an advantage over their opponent. However, lopsided risk… Continue reading Practical Tips for Negotiating an Effective Contractual Limitation of Liability

Avoid Litigation in Multiple Forums – Check the Additional Insured Endorsement

R Thomas Dunn and Sheya Rivard | Pierce Atwood While lawyers often advise owner and contractor clients to obtain the additional insured endorsements, the certificate of insurance (COI) remains the most common form of proof provided on many construction projects. But the COI does not contain the language of the additional insured coverage, and it… Continue reading Avoid Litigation in Multiple Forums – Check the Additional Insured Endorsement

Mediating Construction Claims in Real-Time

Eric Brodfuehrer | Ankura 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 tasked with… Continue reading Mediating Construction Claims in Real-Time

Incorporating Excusable Delays Into Firm Fixed-Price Subcontracts May Create Liability

Richard Dean Holzheimer and Kang He | McGuireWoods In L3Harris Maritime Services, Inc f/k/a L-3 Unidyne, Inc. v. BAE Systems, Norfolk Ship Repair Inc., U.S. Magistrate Judge Robert Krask from the Norfolk Division of the Eastern District of Virginia recently held that, even in a firm fixed-price contract, requiring a subcontractor to maintain its contractually agreed-upon… Continue reading Incorporating Excusable Delays Into Firm Fixed-Price Subcontracts May Create Liability

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