Andrea Carone | Ahead of Schedule At the starry-eyed beginning of any construction project, future litigation is the last thing on anyone’s mind. But parties need not let optimism get in the way of including forward-thinking contractual terms. With some foresight, parties can achieve real savings and efficiencies in future litigation, and especially through limits… Continue reading Contracting With Potential Litigation in Mind
Tag: Construction Litigation
Contracting with Potential Litigation in Mind
Andrea Carone | Stoel Rives At the starry-eyed beginning of any construction project, future litigation is the last thing on anyone’s mind. But parties need not let optimism get in the way of including forward-thinking contractual terms. With some foresight, parties can achieve real savings and efficiencies in future litigation, and especially through limits on… Continue reading Contracting with Potential Litigation in Mind
Texas Allows Wide Scope for Certificate of Merit
Lian Skaf | White and Williams The purpose of certificate of merit (sometimes referred to as affidavit of merit) statutes is to identify frivolous claims before the court wastes time and resources during litigation. More common in medical malpractice cases, several states have enacted similar requirements for professional negligence claims dealing with construction-related issues. While… Continue reading Texas Allows Wide Scope for Certificate of Merit
The Virtual Shift: Navigating the New Online Construction Litigation Landscape
Michael Holt and Erin Weinstock | Rumberger Kirk The landscape of construction litigation has undergone a seismic shift in recent years. Gone are the days of crowded hotel conference rooms for mediations and face-to-face depositions. Today, construction litigators find themselves navigating the complex terrain of virtual proceedings. This paradigm shift, accelerated by COVID-19, has introduced… Continue reading The Virtual Shift: Navigating the New Online Construction Litigation Landscape
Construction Litigation Roundup: “The Jury Is Still Out”
Daniel Lund III | Phelps Dunbar “The Seventh Amendment guarantees the right to a trial by jury for a legal claim in a civil action.” So, isn’t the law, well, the law? Well, perhaps. Some axioms to remember in contracting are that parties are typically able to agree in a contract to anything that is… Continue reading Construction Litigation Roundup: “The Jury Is Still Out”