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?
Category: Dispute Resolution
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
Drafting Contracts to Minimize or Avoid Claims
Jason Ebe – Snell & Wilmer – September 4, 2014
In Florida, an Appraisal Award May Be a Final Determination of Liability For a Bad Faith Case
Shaun Marker – August 30, 2014 On several occasions the following insurance industry argument has been addressed on this blog: the insurance company argues that since a claim proceeded to the contractual alternative dispute resolution process of appraisal and that it paid the award amount, there cannot be a bad faith case brought against it… Continue reading In Florida, an Appraisal Award May Be a Final Determination of Liability For a Bad Faith Case