Jonna Summers | Porter Hedges A growing number of construction contracts now contain arbitration clauses. Yet, even with an arbitration clause, you may still find yourself before the court because your counterparty refuses to arbitrate. You have options. You can insist on your right to arbitrate by filing a motion to compel arbitration. Both the… Continue reading You Agreed to Arbitrate, but the Other Side Refuses, What Now?
Month: November 2025
Legal Insight: Key Rulings on Construction Delays and Liquidated Damages
Construction Claims & Project Management Overview Three recent rulings from state and federal courts have clarified the enforceability and limitations of delay-related contract provisions in construction projects, particularly concerning no-damages-for-delay clauses, concurrent delay, and the recovery of liquidated damages. These cases highlight how courts balance contractual risk allocation with the facts surrounding delay and project… Continue reading Legal Insight: Key Rulings on Construction Delays and Liquidated Damages
Building Resolution: How Mediation Can Effectively Resolve Construction Disputes
Brenda K. Radmacher | American Arbitration Association In the complex and high-stakes world of construction, disputes are not just common—they’re expected. However, the traditional path of litigation is often costly, time-consuming, and damaging to business relationships. Mediation, when approached strategically, offers a powerful alternative. By combining practical strategies and employing nuanced mechanics of mediation, construction… Continue reading Building Resolution: How Mediation Can Effectively Resolve Construction Disputes
Mediation and the Dispute Review Board
Adrian L. Bastianelli, III | American Arbitration Association Mediation and the Dispute Review Board (DRB) process are widely used in the construction industry to resolve disputes and avoid costly arbitration or litigation. But can these two methods be used effectively in tandem? And if so, how? That question is the heart of this article. DRBs… Continue reading Mediation and the Dispute Review Board
Is Your Subcontractor an Independent Contractor or an Employee? The Answer May Not Be as Simple as You Think
John Mark Goodman and Anne R. Yuengert | BuildSmart Most construction contracts include a provision stating that the contractor or subcontractor is an independent contractor and not an employee of the owner or contractor. That should settle the matter, right? Wrong. Depending on the context and jurisdiction, such contractual provisions may mean little or nothing at all. Check… Continue reading Is Your Subcontractor an Independent Contractor or an Employee? The Answer May Not Be as Simple as You Think