Mastering the Art of Construction Dispute Resolution Clauses – A Neutral’s Perspective on Drafting ADR Agreements

Douglas Oles | JAMS Many neutrals may assume that they have little need for skills in drafting dispute resolution clauses. If so, they are wrong. In fact, there are good reasons why all ADR participants—including the neutrals—need experience in crafting the agreements governing such proceedings. Arbitrators constrained by poorly drafted arbitration agreements quickly learn the… Continue reading Mastering the Art of Construction Dispute Resolution Clauses – A Neutral’s Perspective on Drafting ADR Agreements

Extra Work In Construction Contracts

Karalynn Cromeens | The Cromeens Law Firm With all construction projects situations arise that will require work outside the original scope of the contract. What is the correct way to add additional work? Once a contract is signed by the parties it can only be changed in writing and signed by both parties. What does that mean… Continue reading Extra Work In Construction Contracts

At a Glance: Construction Contracts and Insurance in USA

Denis Serkin, Jerry P. Brodsky and Michael S. Zicherman | Peckar & Abramson Contracts and insurance Construction contracts What standard contract forms are used for construction and design? Must the language of the contract be the local language? Are there restrictions on choice of law and the venue for dispute resolution? Many different form contracts… Continue reading At a Glance: Construction Contracts and Insurance in USA

There are Consequences to Executed Documents such as the Accord and Satisfaction Defense

David Adelstein | Florida Construction Legal Updates A federal government contractor in Jackson Construction Co., Inc. v. U.S., 62 Fed.Cl. 84 (Fed.Cl. 2024) sought delay damages against the government. It lost. The reason for the loss is a crucial reminder that documents parties sign ALWAYS matter. ALWAYS!! In Jackson Construction Co., the contractor’s delay claim was premised… Continue reading There are Consequences to Executed Documents such as the Accord and Satisfaction Defense

Recovering Time and Costs from Hurricane Helene: Force Majeure Solutions for Contractors

Matthew DeVries | Best Practices Construction Law When Hurricane Helene struck North Carolina, it caused severe disruptions to construction projects across the state. Baxter International’s North Cove facility in Marion, N.C., was completely shut down after floodwaters damaged the site and bridges leading to it. Elsewhere, landslides and floods wiped out large sections of Interstate… Continue reading Recovering Time and Costs from Hurricane Helene: Force Majeure Solutions for Contractors