Justin Scott and Alan Schiess | Babcock Scott and Babcock In Utah construction disputes, the disputed work itself is often the best evidence. A cracked retaining wall, failed waterproofing, improperly compacted subgrade, or nonconforming concrete placement may all need to be repaired quickly. But once a claim is pending or reasonably foreseeable, those same conditions… Continue reading Spoliation in Construction: Specific Notice Required Before Destroying Evidence
Category: Construction Disputes
Resolving Data Center Construction Disputes: Why Arbitration Is the Preferred Strategy
Phillip Sampson, Jr. and Richard Whiteley | Bracewell Data center construction disputes are increasingly common due to complex contracts, specialized equipment and strict uptime requirements. Without a clear dispute resolution strategy, delays can lead to financial loss, missed service-level agreements (SLAs) and reputational risk. This Q&A explains why arbitration is often the preferred method for… Continue reading Resolving Data Center Construction Disputes: Why Arbitration Is the Preferred Strategy
Leaders in Dispute Resolution Need to Make Unbiased Decisions for Mediation to Succeed
Richard Erickson | Snell & Wilmer As a mediator helping to settle construction disputes and as an arbitrator deciding outcomes of these disputes, I found certain lessons to be especially helpful after graduating last summer from the Executive Education program at Harvard Kennedy School (HKS). The exceptional HKS curriculum included courses focused on negotiation strategies… Continue reading Leaders in Dispute Resolution Need to Make Unbiased Decisions for Mediation to Succeed
Choosing the Appropriate Approach for Loss Assessments
Crosby MacDonald, Nikola Stambolic, Pascale Leymin and Adrian Girach | BRG This article is an extract from Lexology In-Depth: Investment Treaty Arbitration – Edition 10. Click here for the full guide. Introduction Economic losses caused by a wrongful action can take many forms. As the first step towards claiming compensation for a loss, a claimant will normally… Continue reading Choosing the Appropriate Approach for Loss Assessments
High Court Ruling Could Block Expert Certification Rules in Federal Construction Suits
Jeremiah Anderson, Michael Dingman and Christopher Thatch | McGuireWoods The Supreme Court’s decision on January 26, 2026, in Berk v. Choy should put to rest the long‑running debate over whether state-law certificate of merit requirements apply in federal court. Under the Court’s straightforward reasoning, they do not. This clarification carries meaningful consequences for construction disputes, particularly for… Continue reading High Court Ruling Could Block Expert Certification Rules in Federal Construction Suits