Gerard J. Onorata | Peckar & Abramson Deciding to settle a construction dispute is often wrought with difficulty, requiring the decision maker to evaluate a number of factors. Nevertheless, there are no hard and fast rules that apply when advising a party whether or not they should settle a dispute. Yet the vast majority of… Continue reading To Settle or Not Settle: Factors to Weigh and Practical Considerations
Category: Construction Disputes
Construction Disputes: The Cost of Conflict: Drivers of Construction Disputes in the United States
Caryn Fuller and Daniel Kwon | HKA This article is an extract from Lexology In-Depth: Construction Disputes – Edition 5. Click here for the full guide. Claims and disputes in the engineering and construction sectors are often not incidental disruptions – they can create significant obstacles that threaten to derail even the most meticulously planned projects. These… Continue reading Construction Disputes: The Cost of Conflict: Drivers of Construction Disputes in the United States
AI Arbitrators Will Destroy the Legal Profession (And That’s a Good Thing)
Ryan McKeen | Best Era Last week, the American Arbitration Association announced something that should have every lawyer cheering: an AI-powered arbitrator for construction disputes that promises to cut costs by 35% and resolution time by 20%. Instead, the legal profession clutched its pearls. Critics warned of depersonalized justice, algorithmic bias, and the death of… Continue reading AI Arbitrators Will Destroy the Legal Profession (And That’s a Good Thing)
Big-Picture Drivers of Construction Disputes and Resolution Outcomes
Edward Poon | HKA Construction has long been known as a litigious industry. The fundamental challenges of multifaceted projects regularly lead to claims and disputes among owners, developers, general contractors, subcontractors, and other stakeholders. As the industry evolves with the growing complexities of modern construction, increased specialization, and varied project delivery methods, the threat of… Continue reading Big-Picture Drivers of Construction Disputes and Resolution Outcomes
Multi-Tiered Dispute Resolution Systems—Seeking ‘Party-Controlled’ Resolution Opportunities Before Arbitration or Litigation
David G. Thomas and Angela C. Bunnell | GreenbergTraurig Litigation and arbitration can be time-consuming, expensive, and emotionally draining for all concerned. Although arbitration was designed to be faster and more cost-effective than court proceedings, both are still “rights-based” dispute resolution models at their core. In those models, the parties give control of the outcome… Continue reading Multi-Tiered Dispute Resolution Systems—Seeking ‘Party-Controlled’ Resolution Opportunities Before Arbitration or Litigation