James T. Dixon | Construction Executive With litigation as the default method for the resolution of disputes of all types, the construction industry has long used its contracting terms to fashion alternatives. These include mediation, arbitration, dispute resolution boards, partnering, early neutral evaluation, fact-finding and the use of an initial decision maker. Even with these… Continue reading Arbitration or Litigation?: Data and Discussion for Construction Industry Decision-Makers
Tag: arbitration
AAA Releases Discovery Best Practices for Construction Arbitration
Patrick McKnight | Forum on Construction Law The American Arbitration Association (“AAA”) recently released an important new document, “Discovery Best Practices for Construction Arbitration: Recommendations for AAA Construction Advocates and Arbitrators.” These best practices are intended to “educate advocates and arbitrators to better manage pre-hearing exchanges of information in construction disputes.” Generally, the seven-page document… Continue reading AAA Releases Discovery Best Practices for Construction Arbitration
It’s My Construction Contract, I Can Arbitrate Where I Want
Patrick Lindmark | Taft Law “[W]hen parties agree to arbitrate all questions arising under a contract, the [Federal Arbitration Act] supersedes state laws lodging primary jurisdiction in another forum, whether judicial or administrative.”[1] Subcontractors know all too well that out-of-state prime contractors and owners often include clauses in construction contracts that require all disputes be… Continue reading It’s My Construction Contract, I Can Arbitrate Where I Want
Highlights from the AAA’s New Publication on Discovery Best Practices
R. Thomas Dunn and David Fitzpatrick | Pierce Atwood The American Arbitration Association (“AAA”) released recommendations for AAA Construction Advocates and Arbitrators with regard to best discovery practices and tips for Construction Arbitration. See American Arbitration Association Discovery Best Practices for Construction Arbitration (“Best Practices”). Through the AAA National Construction Dispute Resolution Committee, our own John Bulman played a key… Continue reading Highlights from the AAA’s New Publication on Discovery Best Practices
Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution
Brian Gaudet | Kilpatrick Townsend & Stockton An alternative to traditional alternative dispute resolution called med-arb, a combination of mediation and arbitration, should be strongly considered in small and uncomplicated cases. Alternative dispute resolution in the construction context typically means arbitration and mediation. Dispute review boards and executive negotiations are some others, but those are… Continue reading Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution