Elizabeth J. Dye and Mark J. Plumer | American Arbitration Association In this article, the authors highlight critical arbitration-related issues that risk managers and in-house counsel should consider when analyzing commercial insurance programs. The authors also offer recommendations to avoid obstacles wherever possible. Considering the complex structure of commercial insurance programs—typically purchased in annual “towers”… Continue reading Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs
Category: Dispute Resolution
The Dispute Resolution Clause in Public Infrastructure Contracting — A Litigator’s View
Geoff Adair, Lindsay Rowell, Alyssa Shivji, Marianne Smith, Randell Trombley and David Tupper | Blake, Cassels & Graydon Large public infrastructure projects typically involve several stakeholders and a complex array of contracts and subcontracts. A thoughtful approach to the negotiation and drafting of contractual dispute resolution clauses can help ensure that disputes are resolved in… Continue reading The Dispute Resolution Clause in Public Infrastructure Contracting — A Litigator’s View
If a Construction Dispute Arises, Should You Arbitrate or Litigate?
Allen Major and Erin C. Borek | Phillips Lytle All parties should weigh the pros and cons of arbitration and litigation before entering into a construction contract. Disputes arising from construction projects can be highly technical, logistically complex and involve multiple parties with multiple claims. A construction arbitrator – who is typically a construction industry… Continue reading If a Construction Dispute Arises, Should You Arbitrate or Litigate?
Unjust Enrichment Damages Must Be Measurable And Quantifiable
David Adelstein | Florida Construction Legal Updates Just because you are pursuing a claim for unjust enrichment does not mean you don’t have to still prove your damages with a reasonable degree of certainty. You ABSOLUTELY do: Under Florida law, unjust enrichment damages must reflect the reasonable value of the plaintiff’s labor and costs expended for the… Continue reading Unjust Enrichment Damages Must Be Measurable And Quantifiable
Arbitrating Construction Disputes
Albert Bates, Jr. and R. Zachary Torres-Fowler | Reuters An explanation of the steps and considerations involved in arbitrating a construction dispute in the US, including the issues that parties should consider before arbitrating a dispute, the steps parties should take to prepare for the arbitration, and the process for presenting claims and defenses during… Continue reading Arbitrating Construction Disputes