Liz Kramer | Stinson Leonard Street LLP | August 3, 2016 What is “arbitration”? Although courts often use and apply the word, rarely do they stop to define it. While the FAA concerns agreements to “settle by arbitration a controversy,” the FAA does not define “arbitration,” leaving the question to the courts. Lacking definitive guidance… Continue reading What’s in a Name?: Defining Arbitration Across the Circuits
Category: Dispute Resolution
Does Your Construction Contract Provide for a “ Project Neutral ” to Resolve Disputes?
Jeffrey S. Wertman | Berger Singerman LLP | July 1, 2016 Disputes on construction projects are inevitable. One of the most important risk management tools for construction participants is a quick and effective dispute resolution procedure. Dispute resolution can be accomplished through various methods, including traditional mediation, arbitration and litigation. However, construction parties are using… Continue reading Does Your Construction Contract Provide for a “ Project Neutral ” to Resolve Disputes?
Innovative Construction Contracting Formats – Will They Succeed?
Michael J. Baker | Snell & Wilmer | May 9, 2016 As we move further into the 21st century, we continue to see new trends develop in project delivery for the construction industry. The industry is experimenting with different project delivery formats and combining them with the incorporation of Building Information Modeling (BIM) into the… Continue reading Innovative Construction Contracting Formats – Will They Succeed?
Is Arbitration All It’s Cracked Up To Be?
Thomas L. Rosenberg | Roetzel & Andress | May 11, 2016 In the late 1980s, early 1990s, alternative dispute resolution came on the scene and was all the rage as a means to effectively and quickly resolve disputes on construction projects at a lower cost than litigation. Now, many years later, the tide has turned… Continue reading Is Arbitration All It’s Cracked Up To Be?
10 Things you Need to Know About Expert Evidence
Gregory Buckley | Eversheds LLP | April 18, 2016 The requirement for expert evidence is almost taken for granted in construction and engineering disputes. It is assumed that the technical nature of the issues will be sufficiently complex that the court will need specialist input to understand them, and that such input will be required… Continue reading 10 Things you Need to Know About Expert Evidence