Rick Zieglowsky | American Arbitration Association Construction projects today involve increasing complexity, leading to more frequent and intricate disputes. To avoid costly litigation and secure a decision-maker with industry expertise, many in the construction industry turn to alternative dispute resolution (ADR), with the first critical step being the drafting of an effective ADR clause. Effective… Continue reading Blueprints for Resolution: The Art of Designing ADR Clauses for Construction Projects
Stuck Between Concrete and Rebar
Andrea C. Faverio | The CLM How pre-suit under-disclosure in construction-defect cases prejudices contractors In 2003, the Florida Legislature enacted Chapter 558 Florida Statutes, with the stated goal of “hav[ing] an alternative method to resolve construction disputes that would reduce the need for litigation as well as protect the rights of property owners.” (See Ch.… Continue reading Stuck Between Concrete and Rebar
When Algorithms Deny: AI and the New Frontier of Bad Faith
Tiffany Bustamante and Abigail Horvat | Cozen O’Connor As industries across the board adopt artificial intelligence (AI), insurers have likewise recognized its potential to enhance efficiency in claims administration. Yet with this opportunity comes tension: consumers expect both swift resolution of claims and individualized attention. AI can help insurers meet those expectations, but if implemented… Continue reading When Algorithms Deny: AI and the New Frontier of Bad Faith
Contingent Payment Clause Held Unenforceable Due to Unfairness
Amy Wolfshohl | Porter Hedges Contingent payment clauses are often used in connection with contracts between general contractors and subcontractors or subcontractors and lower tiered subcontractors. Essentially, this type of clause provides that a general contractor does not owe a subcontractor unless the owner has paid the general contractor for the amounts due to the… Continue reading Contingent Payment Clause Held Unenforceable Due to Unfairness
OP-ED: Pros and Cons of Arbitration Clauses in Construction Contracts
Amanda Kohls and Tab Wood | Schwabe, Williamson & Wyatt Mandatory arbitration clauses are increasingly common in construction contracts. Arbitration, sometimes referred to as “trial-light,” is a judicial process where an arbitrator (usually a lawyer or a former judge) receives evidence, hears from witnesses, and makes a binding decision resolving the dispute. Before signing a… Continue reading OP-ED: Pros and Cons of Arbitration Clauses in Construction Contracts