Whitney Judson | Smith Currie | May 21, 2018 Arbitration and litigation each offer their own benefits and drawbacks to litigants looking to resolve a construction dispute. A careful analysis of these benefits and drawbacks may be helpful in determining whether to avoid or pursue either dispute resolution process. Arbitration is oftentimes regarded as the… Continue reading Strategy for Enforcement of Dispute Resolution Rights
Tag: dispute resolution
2 Dispute Resolution Choices For Construction Contracts
Stacy La Scala | JAMS | May 7, 2018 It was the best of provisions; it was the worst of provisions, crafted by the wise and well-meaning alike. For years, construction documentation has been primarily sourced from the American Institute of Architects. The AIA provided guidance through the publication of contractual provisions involving many aspects… Continue reading 2 Dispute Resolution Choices For Construction Contracts
Dispute Resolution – Part Two: Mediation – Helping the Mediator Help You
Kent B. Scott | Babcock Scott and Babcock | January 5, 2018 This is the second installment in the series of articles on Dispute Resolution. The AIA – A-201- General Terms of the Construction Project, provides a requirement for the parties to mediate their dispute before resorting to arbitration or litigation. The contract requirement, in… Continue reading Dispute Resolution – Part Two: Mediation – Helping the Mediator Help You
Resolving Disputes Regarding Value of the Loss through the Appraisal Process
J. Robert Keena | Hellmuth & Johnson PLLC | June 13, 2017 With an increase in storm damage events throughout the Midwest, insurers are becoming increasingly frugal when adjusting storm damage losses. In the past, disputes regarding the value of the loss typically involved disagreements on pricing. Today more aggressive practice by insurers on even… Continue reading Resolving Disputes Regarding Value of the Loss through the Appraisal Process
Settle Now, Argue Later: Expedited Construction Adjudication Is Coming to North America
Philip L. Bruner, Esq. | JAMS ADR Blog | November 10, 2016 Construction adjudication, the dispute resolution method credited with reducing construction litigation by more than 80 percent in the United Kingdom, is coming to North America. The adjudication method requires disputes arising during construction to be submitted to an adjudicator for a prompt initial… Continue reading Settle Now, Argue Later: Expedited Construction Adjudication Is Coming to North America