David K. Nelson | Kean Miller | August 13, 2015 Parties involved in the construction industry have long been familiar with mandatory arbitration as a dispute resolution procedure. Originally arbitration was said to be more efficient and less expensive than litigation. Over time, experience has shown that arbitration is not necessarily more efficient or more… Continue reading Arbitration Rulings are Final, Even When the Arbitrators Get It “Wrong on the Law”
Tag: dispute resolution
Improvements to AIA Contracts?
Craig Martin | Construction Contractor Advisor | February 5, 2013 Joel Sciascia, general counsel for the construction management company Pavarini McGovern, made some insightful comments in the Viewpoint section of the latest Engineering News Record magazine. He argues that architects should not be the initial decision maker (“IDM”) under AIA contracts. Instead of using the architect, Mr. Sciascia… Continue reading Improvements to AIA Contracts?
Drafting Contracts to Minimize or Avoid Claims
Jason Ebe – Snell & Wilmer – September 4, 2014
Three Critical Points of Construction Contract Contention
Matthew Eandi – Ervin Cohen & Jessup LLP – January 24, 2014
Supreme Court Rules that Courts Must Give Controlling Weight to a Forum Selection Clause by Transferring the Action to the Selected Forum in all but the Most Exceptional Circumstances
David Zaslowsky and Grant Hanessian – January 28, 2014 Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 134 S. Ct. 568 (2013) [click for opinion] Atlantic Marine Construction entered into an agreement with J-Crew Management for a construction project in Texas. The agreement included a forum-selection clause which… Continue reading Supreme Court Rules that Courts Must Give Controlling Weight to a Forum Selection Clause by Transferring the Action to the Selected Forum in all but the Most Exceptional Circumstances