Roo Patel | Opus2 Hybrid hearings, where some participants attend in person and others join remotely, have moved from being a contingency to an established feature of modern arbitration practice. Given recent technology advances and the realities of global participation, they offer a flexible alternative to fully in-person proceedings. A hybrid approach can deliver meaningful… Continue reading Will Your Next Arbitration Hearing be Hybrid? Plan Now For Success
Contracting With Potential Litigation in Mind
Andrea Carone | Ahead of Schedule At the starry-eyed beginning of any construction project, future litigation is the last thing on anyone’s mind. But parties need not let optimism get in the way of including forward-thinking contractual terms. With some foresight, parties can achieve real savings and efficiencies in future litigation, and especially through limits… Continue reading Contracting With Potential Litigation in Mind
You Agreed to Arbitrate, but the Other Side Refuses, What Now?
Jonna Summers | Porter Hedges A growing number of construction contracts now contain arbitration clauses. Yet, even with an arbitration clause, you may still find yourself before the court because your counterparty refuses to arbitrate. You have options. You can insist on your right to arbitrate by filing a motion to compel arbitration. Both the… Continue reading You Agreed to Arbitrate, but the Other Side Refuses, What Now?
Legal Insight: Key Rulings on Construction Delays and Liquidated Damages
Construction Claims & Project Management Overview Three recent rulings from state and federal courts have clarified the enforceability and limitations of delay-related contract provisions in construction projects, particularly concerning no-damages-for-delay clauses, concurrent delay, and the recovery of liquidated damages. These cases highlight how courts balance contractual risk allocation with the facts surrounding delay and project… Continue reading Legal Insight: Key Rulings on Construction Delays and Liquidated Damages
Building Resolution: How Mediation Can Effectively Resolve Construction Disputes
Brenda K. Radmacher | American Arbitration Association In the complex and high-stakes world of construction, disputes are not just common—they’re expected. However, the traditional path of litigation is often costly, time-consuming, and damaging to business relationships. Mediation, when approached strategically, offers a powerful alternative. By combining practical strategies and employing nuanced mechanics of mediation, construction… Continue reading Building Resolution: How Mediation Can Effectively Resolve Construction Disputes