Category: Dispute Resolution

10 Inside Secrets to Better Construction Expert Witness Depositions & Testimony

Eugene Peterson | Advise & Consult, Inc. | September 11, 2015 An attorney and their expert witness should have the same end goal in mind; they just walk on different sides of the fence to get to that goal.  This list is to help you communicate as you walk along that fence and get the… Continue reading 10 Inside Secrets to Better Construction Expert Witness Depositions & Testimony

AIA Contract Dispute Resolution Choices – What Does “Other” Mean?

Stan Martin | Duane Morris LLP | January 28, 2015 The AIA contract forms include three options for dispute resolution: arbitration, litigation, and “other.” A Connecticut Superior Court judge has concluded that parties who chose “other” by specifying “Architect” were in fact choosing arbitration by the project architect. Thus, when the contractor didn’t file a… Continue reading AIA Contract Dispute Resolution Choices – What Does “Other” Mean?

Improvements to AIA Contracts?

Craig Martin | Construction Contractor Advisor | February 5, 2013 Joel Sciascia, general counsel for the construction management company Pavarini McGovern, made some insightful comments in the Viewpoint section of the latest Engineering News Record magazine. He argues that architects should not be the initial decision maker (“IDM”) under AIA contracts. Instead of using the architect, Mr. Sciascia… Continue reading Improvements to AIA Contracts?

Dispute Resolution Boards as an Alternative to Arbitration

Matthew J. Eandi, Esq. | Ervin Cohen & Jessup LLP | October 10, 2014 Disputes are inevitable in the construction context where numerous professionals are engaged in the development of highly complex building projects, often over several years, with many of these sophisticated parties represented by attorneys from the get-go. The stakes are high in this… Continue reading Dispute Resolution Boards as an Alternative to Arbitration