Logan Patience and William Katz | HKA Earlier in our careers, one of the authors spent more than a decade in construction, working on heavy industrial, oil and gas, and infrastructure projects. At that time, aside from the occasional mediation clause, it was uncommon for contracts to include dispute resolution mechanisms designed to address issues… Continue reading From Dispute Resolution to Dispute Prevention: The Strategic Role of Standing Neutrals in Modern Construction Projects
Category: Dispute Resolution
Technology Is Changing Disputes. Arbitration Remains the Best Way to Resolve Them.
American Arbitration Association Today’s disputes are more technical, more complex, and often harder to manage. Disputes involving blockchain, cryptocurrency, and data breaches have increased steadily, introducing new types of claims and evidence. Artificial intelligence is adding another layer. In many cases, contracts were written for systems with consistent and predictable outputs. AI doesn’t always fit… Continue reading Technology Is Changing Disputes. Arbitration Remains the Best Way to Resolve Them.
Preventing Disputes, Preserving Progress: Why Dispute Avoidance and Resolution Boards Are Becoming Essential to Project Success
Iman Hyder-Eliz | American Arbitration Association For decades, the construction industry has focused on resolving disputes after they arise. Contracts have become increasingly sophisticated, claims management practices more robust, and mediation and arbitration more widely utilized. Projects are also facing increased risks with changes in supply and demand of materials and labor. Yet despite advancements,… Continue reading Preventing Disputes, Preserving Progress: Why Dispute Avoidance and Resolution Boards Are Becoming Essential to Project Success
Constructing Better Outcomes: The Case for ADR Clauses in Construction Contracts
Adam Schnatz and joshua Wilk | Clark Hill Construction projects involve significant financial commitments, complex contractual relationships, extensive project schedules and scopes, creating a breeding ground ripe for disputes. Owners, contractors, subcontractors, architects, and engineers routinely face disagreements involving payment, delays, design issues, change orders, defective work, scheduling impacts, and differing interpretations of contract documents.… Continue reading Constructing Better Outcomes: The Case for ADR Clauses in Construction Contracts
The Power of Resolution
Wall Street Journal As a judge in Miami, Jennifer Bailey saw how court cases could drag on. Since becoming an arbitrator with the American Arbitration Association® (AAA®), however, she has been struck by how quickly the dispute resolution process can work: In one case involving a dispute over construction materials, the parties settled the matter in… Continue reading The Power of Resolution