Adam Schnatz and joshua Wilk | Clark Hill Construction projects involve significant financial commitments, complex contractual relationships, extensive project schedules and scopes, creating a breeding ground ripe for disputes. Owners, contractors, subcontractors, architects, and engineers routinely face disagreements involving payment, delays, design issues, change orders, defective work, scheduling impacts, and differing interpretations of contract documents.… Continue reading Constructing Better Outcomes: The Case for ADR Clauses in Construction Contracts
Tag: Alternate Dispute Resolution
Blueprints for Resolution: The Art of Designing ADR Clauses for Construction Projects
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
Six Tips to Successfully Implement Dispute Resolution Boards Nationally and Internationally
Peter Kamminga | JAMS In the demanding realm of construction, where time and money are paramount, dispute resolution boards (DRBs) stand out as a unique and underused asset. The key to unlocking their full potential lies in dispelling common misconceptions and mastering their application. Successful DRBs have not only swiftly resolved conflicts, but also streamlined… Continue reading Six Tips to Successfully Implement Dispute Resolution Boards Nationally and Internationally
Check the Box: Considerations for Selecting Dispute Resolution Methods in Construction Contracts
Loni Hinton | Davis Wright Tremaine Time, cost, and quality are usually top of mind when parties are negotiating construction contracts. But, in today’s increasingly litigious world, it is important for parties to consider their dispute resolution options before “checking the box.” Most parties are familiar with the AIA A201-2017’s claim procedure, which includes mediation,… Continue reading Check the Box: Considerations for Selecting Dispute Resolution Methods in Construction Contracts
Court Of Appeal Holds That Courts Can Order Parties To Engage In Dispute Resolution
Alex Radcliffe | Cooley The Court of Appeal’s hotly anticipated decision in James Churchill v. Merthyr Tydfil County Borough Council1 has been handed down. It holds that courts have the power to stay proceedings for, or order, parties to engage in a non-court-based dispute resolution process. Background James Churchill bought a property adjoining land owned by the… Continue reading Court Of Appeal Holds That Courts Can Order Parties To Engage In Dispute Resolution