Don’t Roll the Dice! Use Decision Tree Analysis when Calculating your BATNA

Eugene J. Heady – March 4, 2013 Bob, the Project Executive, had made up his mind. “I’m rolling the dice and taking the electrical subcontractor’s claim to trial!” Bob exclaimed. “We all know that contractors are gamblers. Right?” Bob asked. “I’m going to take my chances. It’s in my DNA,” Bob added. “How do you… Continue reading Don’t Roll the Dice! Use Decision Tree Analysis when Calculating your BATNA

A Case for Expanding the Use of Pass-Through Claims

Benton T. Wheatley & Jessica Neufeld – April 18, 2012 In construction cases, owners must often deal with claims made against it by contractors, despite the fact that the claim may really be a design professional’s fault. Common contracts may also prevent all three parties — contractor, owner, and design professional — from resolving the… Continue reading A Case for Expanding the Use of Pass-Through Claims

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