David H. Wallace | Taft Evaluative and facilitative mediation are two distinct styles of mediation that share a common objective —the resolution of the dispute being mediated. Unlike a facilitative mediator, an evaluative mediator often actively assesses the legal merits of each party’s case and frequently offers opinions or suggestions to help facilitate a settlement.… Continue reading Cut To The Chase: What Makes A Standout Evaluative Mediator?
Month: August 2025
Project Planning and Acquisition Negotiations Do Not Trigger Inverse Condemnation Liability
Bradford Kuhn | Nossaman Planning and constructing public infrastructure projects takes significant time – sometimes many years. Property owners and businesses who may be impacted are left in a state of limbo, not knowing for sure whether the project will move forward, when it will move forward and what the ultimate impacts will be. This… Continue reading Project Planning and Acquisition Negotiations Do Not Trigger Inverse Condemnation Liability
3 Things to Know About Intellectual Property in Construction Law
James Foley | Clark Hill When most people think about construction law, they picture contracts, building codes, and zoning disputes, not copyrights and patents. But if you’re in the construction industry, whether you’re a general contractor, architect, engineer, or product supplier, there’s a good chance you’re creating or using intellectual property (IP) every day. As… Continue reading 3 Things to Know About Intellectual Property in Construction Law
Resolving Construction Conflicts Efficiently: A Guided Mediation Approach
Sandy Kaplan | JAMS With more than 40 years of experience in construction mediations, I’ve seen how early mediator involvement can significantly streamline the resolution process. By engaging a mediator early—before discovery heats up—parties can benefit from a structured, privileged exchange of information that reduces litigation costs and supports a more informed and efficient path… Continue reading Resolving Construction Conflicts Efficiently: A Guided Mediation Approach
Massachusetts High Court Allows Plaintiffs to Bring Contract-Based Construction Defects Claim After Expiration of Statute of Repose
Will S. Bennett and Ali H. Jamwal | Saxe Doernberger & Vita The Supreme Judicial Court of Massachusetts recently expanded plaintiffs’ rights to bring construction defects suits in the state.[1] The ruling allows plaintiffs in Massachusetts to now bring suit even after the statute of repose for construction defect claims has passed if the cause of… Continue reading Massachusetts High Court Allows Plaintiffs to Bring Contract-Based Construction Defects Claim After Expiration of Statute of Repose