William L. Porter | Porter Law Group It is not uncommon in the construction industry for an out-of-state general contractor to include a provision in a subcontract requiring a California subcontractor to resolve disputes outside the state of California, even though the work is to be performed within California. Fortunately, most California subcontractors are immune… Continue reading Can I be Required to Mediate, Arbitrate or Litigate a California Construction Dispute in Some Other State?
Tag: litigation
Arbitration v. Litigation: Dispute Resolution Considerations for Construction Professionals
Nicolas Bohorquez | Freeman Mathis & Gary An often-overlooked side effect of litigation, particularly in the construction industry, is the impact that it has on day-to-day operations. The more involved and protracted the litigation, the more your company must reallocate its resources (i.e. time and money) to tend to the litigation instead of focusing on projects that generate revenue. Despite the headache, litigation serves a necessary purpose to protect what… Continue reading Arbitration v. Litigation: Dispute Resolution Considerations for Construction Professionals
You Can Litigate a Dispute. Just Don’t LITIGATE a Dispute.
Garret Murai | California Construction Law Blog Litigation can get personal. But when you’re an attorney as well as the litigant, things can get both personal as well as nasty, and this can come back to bite you as was the case in Karton v. Ari Design & Construction, Inc., Case No. B298003 (March 9, 2021), 2nd District… Continue reading You Can Litigate a Dispute. Just Don’t LITIGATE a Dispute.
Arbitration or Litigation?: Data and Discussion for Construction Industry Decision-Makers
James T. Dixon | Construction Executive With litigation as the default method for the resolution of disputes of all types, the construction industry has long used its contracting terms to fashion alternatives. These include mediation, arbitration, dispute resolution boards, partnering, early neutral evaluation, fact-finding and the use of an initial decision maker. Even with these… Continue reading Arbitration or Litigation?: Data and Discussion for Construction Industry Decision-Makers
The Covid-19 Impact: Navigating the Legal Landscape’s New Normal
Amanda Mathieu | Lewis Brisbois While most of the country has been at a standstill since March, you might be wondering, what about my lawsuit or my administrative charge? For the past couple of months, most litigation cases have largely been put on pause in the courts and at administrative agencies. However, as we adjust… Continue reading The Covid-19 Impact: Navigating the Legal Landscape’s New Normal