Arbitrating Construction Defect Claims

Wally Zimolong – February 18, 2013 The headline of a recent article on Lexology grabbed my attention:  “How to Guarantee the HOA Can’t Litigate the Condo Construction Defect Claims.”  The authors’ means to preventing litigation of construction defect claims was even more intriguing: arbitration clauses. How can arbitration clauses guarantee that no ligation over construction defect… Continue reading Arbitrating Construction Defect Claims

The Only Four Good Reasons to put Arbitration in Your Contract

Liz Kramer – January 4, 2013 Let’s say you are considering updating your form contract, or you are in the midst of negotiating a new contract with someone. Should you include mandatory arbitration for resolving any disputes? Assuming you have the choice, my view is you should only include arbitration if at least one of… Continue reading The Only Four Good Reasons to put Arbitration in Your Contract

Which costs less: Arbitration or Litigation?

Alan Dabdoub and Trey Cox – December 6, 2012 A case study shows that when it comes to expenditures and resolution time, litigation is cheaper and faster In our first column, we talked about three situations in which arbitration can help eliminate some corporate litigation pitfalls. Here, we share a comparative study of 19 single-plaintiff cases—nine… Continue reading Which costs less: Arbitration or Litigation?

Understanding Arbitration Clauses In Contracts – Litigation, Mediation & Arbitration – United States

Sally Rogers Culley –  November 14, 2012 Contractual agreements often include clauses that require arbitration should a dispute arise. Sally Culley, a partner with Rumberger, Kirk & Caldwell has encountered instances where arbitration clauses did not fully consider the scope of potential disputes, often resulting in unforeseen outcomes. Here, from a litigator’s perspective, Sally answers… Continue reading Understanding Arbitration Clauses In Contracts – Litigation, Mediation & Arbitration – United States

Resolving International Construction Disputes – Litigation Or Arbitration?

Gordon F. Bell – October 31, 2012 Introduction As we have discussed in previous alerts in this series, many claims can arise under international construction contracts. Of course, not all those claims end up in a formal dispute. In the last alert we described various methods for resolving disputes without the need for formal proceedings;… Continue reading Resolving International Construction Disputes – Litigation Or Arbitration?

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