Ken Hagen | FebArb Megaprojects rarely fail all at once. Delays accumulate, costs drift, a supplier misses a delivery window, and a disagreement that could have been resolved on site becomes a claim and then an arbitration. By the time counsel hears the words “file the arbitration,” many of the most valuable opportunities to manage… Continue reading Mega Construction Projects: Early Dispute Planning Matters — So Does Who Decides the Case
Category: Dispute Resolution
What I’ve Learned in Complex Construction Cases
Jennifer Grippa | Miles Mediation & Arbitration After 10 years of arbitrating and mediating hundreds of construction disputes, I have learned that no two cases are exactly the same. Projects change, parties change and issues can range from relatively straightforward payment disputes to extraordinarily complicated questions involving design, delay, defects, scheduling and damages. Certain patterns… Continue reading What I’ve Learned in Complex Construction Cases
From Dispute Resolution to Dispute Prevention: The Strategic Role of Standing Neutrals in Modern Construction Projects
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
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