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
Tag: Construction Disputes
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
Render Unto Caesar: Considerations for Returning Withheld Sums
William E. Underwood | Jones Walker Withholding sums during a dispute can be an effective and perfectly legitimate means to protect against the harms caused by another party’s breach. However, withholding too much money during a dispute can turn a position of strength into one of weakness. “Why should I fund the other side’s… Continue reading Render Unto Caesar: Considerations for Returning Withheld Sums
Dispute Boards: An Approach To The Efficient Resolution Of Disputes In The Construction Sector
Albee Bates and R. Zachary Torres-Fowler | Troutman Pepper Hamilton Sanders Imagine a complicated engineering and construction project that has lasted years and has already cost hundreds of millions of dollars. During the project, the contractor submitted dozens of claims for additional time and money – all of which the project’s owner has rejected. Amid… Continue reading Dispute Boards: An Approach To The Efficient Resolution Of Disputes In The Construction Sector