Kent B. Scott | Babcock Scott & Babcock This is the third installment in the series of articles on Dispute Resolution. Arbitration has long been favored as a means of resolving construction disputes. Many standard construction contract documents provide for a mandatory binding arbitration of all disputes arising under or related to the contract. Arbitration… Continue reading Dispute Resolution: Arbitration – A Better Option for Resolving Construction Disputes
Category: Dispute Resolution
Is California’s Right to Repair Statute Really the Exclusive Remedy in Construction Defect Litigation?
Elizabeth D. Beckman | Kramer deBoer & Keane, LLP Approximately fifteen years after California Governor Grey Davis signed into law Senate Bill 800,1 and much related judicial dispute, the California Supreme Court is set to resolve the legal standard for handling of construction defect claims in the matter of McMillan Albany, LLC v. Superior Court.2… Continue reading Is California’s Right to Repair Statute Really the Exclusive Remedy in Construction Defect Litigation?
Dispute Resolution – Part Two: Mediation – Helping the Mediator Help You
Kent B. Scott | Babcock Scott and Babcock | January 5, 2018 This is the second installment in the series of articles on Dispute Resolution. The AIA – A-201- General Terms of the Construction Project, provides a requirement for the parties to mediate their dispute before resorting to arbitration or litigation. The contract requirement, in… Continue reading Dispute Resolution – Part Two: Mediation – Helping the Mediator Help You
Dispute Resolution – Part One: Negotiating Through the Construction Project Minefield
Kent B. Scott | Babcock Scott & Babcock | December 14, 2017 Introduction Today’s current economic climate puts great pressure on owners and contractors to get projects completed quickly and efficiently. These pressures have led to tighter time schedules and monetary budgets which have, in turn, created an increased number of disputes. Another developing trend… Continue reading Dispute Resolution – Part One: Negotiating Through the Construction Project Minefield
Six Reasons Alternative Dispute Resolution May Be Right for Your Next Construction Project
Matthew R. McCubbins | Faegre Baker Daniels | November 6, 2017 For over a century, the United States construction industry has promoted the use of non-judicial dispute resolution methods. These alternative dispute resolution (ADR) methods enable construction entities to handle disputes within the industry, and they often produce more favorable results — and more effectively… Continue reading Six Reasons Alternative Dispute Resolution May Be Right for Your Next Construction Project