Tag: Construction Dispute

The Danger of Settling Disputes: Novation

John Paul Nefflen | Burr & Forman LLP | February 25, 2015 Resolving business disputes before filing a lawsuit is efficient, cost effective – and sometimes dangerous.  At least that’s what an architect learned when he tried to settle a pay dispute with the owner of a luxury condominium development.  His efforts nearly cost him… Continue reading The Danger of Settling Disputes: Novation

Where, Oh Where, Can My Lawsuit be Filed?

E. Carson Lange | Rogers Towers When preparing or negotiating the terms of construction contracts, parties often indicate where any dispute that may arise between the parties must be litigated. Courts will generally enforce such “venue” or “forum selection” clauses, and such clauses, when carefully worded, can be an effective means to control where a… Continue reading Where, Oh Where, Can My Lawsuit be Filed?

The Irony of Defamation Lawsuits – Construction Edition

Stanley A. Martin | Duane Morris LLP | November 14, 2014 There is a certain irony in any defamation lawsuit, which is a public request for redress arising from a statement the claimant says should not have been made public. Now we have the construction version. Company A sues Company B, claiming statements of B… Continue reading The Irony of Defamation Lawsuits – Construction Edition

The Jury is Still Out On The Effectiveness Of The “Calderon Process”

Kevin Collins and Walter Dauterman | Litigation Advocates | September 18, 2014 The State of California implemented the “Calderon Process” almost two decades ago.  The hope was this pre-litigation “mediation” process would lower the cost, and increase the likelihood of early settlement, of construction defect disputes.  The Calderon Process requires a homeowners’ association (“HOA”) to notify… Continue reading The Jury is Still Out On The Effectiveness Of The “Calderon Process”