You Can Litigate a Dispute. Just Don’t LITIGATE a Dispute.

Garret Murai | California Construction Law Blog Litigation can get personal. But when you’re an attorney as well as the litigant, things can get both personal as well as nasty, and this can come back to bite you as was the case in Karton v. Ari Design & Construction, Inc., Case No. B298003 (March 9, 2021), 2nd District… Continue reading You Can Litigate a Dispute. Just Don’t LITIGATE a Dispute.

Virtual Jury Trials of Construction Disputes: The Necessary Union of Both Sides of the Brain

John Dannecker | Construction Executive Bart Smith is the Senior Project Manager for Simply Best, a general contracting firm. He has been assigned to serve as the liaison with outside counsel in a lawsuit against Holly’s Harleys, a project owner who contracted with Best for the construction of a motorcycle showroom. Best filed suit in… Continue reading Virtual Jury Trials of Construction Disputes: The Necessary Union of Both Sides of the Brain

The Value of Photographic Evidence in Construction Litigation

Marie Mueller | Construction Executive If a picture is worth a thousand words, can it be worth a thousand dollars? Ten thousand? Maybe, if it provides key evidence in a construction dispute. Litigating a construction case involves each side telling their story. Details and visual context make a story compelling. Evidence and corroboration make a… Continue reading The Value of Photographic Evidence in Construction Litigation

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

Court of Appeals Applies Collateral Source Rule in Construction Dispute

Joseph Davies | Smith Debnam Narron Drake Saintsing & Myers Legal doctrines develop over time, with judges determined to allocate blame and risk fairly. One such doctrine – an old one – is the “one recovery” rule. The one recovery rule basically means that an injured party should only recover once for any particular injury.… Continue reading Court of Appeals Applies Collateral Source Rule in Construction Dispute