Bill Wilson | Construction Law Zone Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is that courts are more likely to strictly enforce contract terms as written as well as the… Continue reading New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable
Tag: dispute resolution
Avoid Litigation in Multiple Forums – Check the Additional Insured Endorsement
R Thomas Dunn and Sheya Rivard | Pierce Atwood While lawyers often advise owner and contractor clients to obtain the additional insured endorsements, the certificate of insurance (COI) remains the most common form of proof provided on many construction projects. But the COI does not contain the language of the additional insured coverage, and it… Continue reading Avoid Litigation in Multiple Forums – Check the Additional Insured Endorsement
Inside The Minds And Hearts Of Dispute Resolution Neutrals
Christopher Keele | JAMS My thoughts on how mediators and arbitrators really think and act At a recent local bar event, a young lawyer approached me to ask if he could join me at the table where I was enjoying a quick bite to eat. We introduced ourselves and shared a little bit about ourselves.… Continue reading Inside The Minds And Hearts Of Dispute Resolution Neutrals
Dispute Resolution in Your Construction Contract
David Adelstein | Florida Construction Legal Updates There are important provisions in your construction contract that are geared towards dispute resolution. These are provisions you want to understand – not when a dispute arises, but BEFORE the dispute ever occurs. Many times, dispute resolution provisions are cast aside or not appreciated until a dispute rears its ugly head. … Continue reading Dispute Resolution in Your Construction Contract
A General Introduction to Projects and Construction in USA
Henry Scott, Karen B. Wong and Miguel Duran | Milbank An extract from The Projects and Construction Review, 11th Edition Introduction The project finance market in the United States benefits from a well-developed legal framework and sophisticated financial markets. The US legal system is generally viewed as clearly codified, stable and efficient, as well as… Continue reading A General Introduction to Projects and Construction in USA