Julian E. Neiser | Spilman Thomas & Battle Construction professionals sometimes feel as if it is déjà vu when it comes to disputes—and they are right. There are a handful of claim types that always seem to rear their heads, even in projects that generally are run well. This article will briefly describe those claims… Continue reading Top Three Construction Disputes and How to Avoid Them
Tag: Construction Disputes
Rising Construction Disputes Require Improved Legal Finance
Apoorva Patel | Construction Executive Construction disputes are famously high stakes, and the industry is currently experiencing an uptick in the value and number of disputes resulting from contractual obligations and third-party or force majeure incidents. While this is not entirely surprising given COVID-19’s disruption of global markets and supply chains, the numbers are noteworthy.… Continue reading Rising Construction Disputes Require Improved Legal Finance
The Independent Tort Doctrine (and its Importance)
David Adelstein | Florida Construction Legal Updates A non-construction case raises an important legal principle. Here it is because it applies to construction disputes. It actually applies to many business-type disputes. It is based on what is widely referred to as the independent tort doctrine: Florida law does not allow a party damaged by a breach… Continue reading The Independent Tort Doctrine (and its Importance)
The Credibility of Your Expert (Including Your Delay Expert) Matters in Construction Disputes
David Adelstein | Florida Construction Legal Updates Here is a quote from a judge in an order after the bench trial of a complex construction dispute between a prime contractor and subcontractor on a federal project: The evidence received in this case demonstrates the dynamic nature of complicated construction projects. At every step, the details matter, and… Continue reading The Credibility of Your Expert (Including Your Delay Expert) Matters in Construction Disputes
Construction Disputes and ‘Baseball’ Arbitration
Charles Jeremiah | Jackson Lewis A form of dispute resolution called “baseball” arbitration has increased in use and popularity in the construction industry to resolve all types of disputes, including employment disputes. The procedure has unique mechanisms that may be beneficial to construction industry employers in resolving disputes. Basics While long-used successfully in salary negotiations… Continue reading Construction Disputes and ‘Baseball’ Arbitration