Nicholas P. Brown | The Dispute Resolver | December 11, 2014 As the cost of litigation has grown and the appetite for its attendant risks declined, owners and contractors have increasingly relied upon mediation and binding arbitration to resolve disputes. One particularly unique dispute resolution format is the combination mediation/arbitration (or “med-arb”) where the same… Continue reading Is the Med-Arb Format Right For You?
Tag: litigation
Arbitration vs. Litigation – 5 Issues to Consider
J. David Arkell and Benjamin M. Petre – February 14, 2013 Our topic for the month… Deciding whether to utilize a mandatory arbitration clause in a contract is important, especially in the construction industry. Advantages and disadvantages of litigation versus arbitration should be carefully weighed before entering into a contract or subcontract. Factors to consider:… Continue reading Arbitration vs. Litigation – 5 Issues to Consider
When is Work Product Not?
John I. Spangler, III & Deborah Cazan – December 10, 2012 Introduction Construction disputes present complex issues of causation—what caused the accident, the delay or the added costs. Third-party consultants are frequently engaged to evaluate and offer opinions on causation, performance, schedules and costs. Then, when the dispute or accident ends up in litigation, the… Continue reading When is Work Product Not?
Vendors who Performed Own Home Repairs were not Builder/Sellers to whom Exception to the Rule of Caveat Emptor Applies
Alston & Bird LLP – December 10, 2012 In Georgia, the long-standing rule in real estate purchases is caveat emptor (“let the buyer beware”). There is one exception: a negligence action against a builder/seller. A builder/seller may be held liable in negligence where a dwelling is sold containing latent defects that the builder in the… Continue reading Vendors who Performed Own Home Repairs were not Builder/Sellers to whom Exception to the Rule of Caveat Emptor Applies
Which costs less: Arbitration or Litigation?
Alan Dabdoub and Trey Cox – December 6, 2012 A case study shows that when it comes to expenditures and resolution time, litigation is cheaper and faster In our first column, we talked about three situations in which arbitration can help eliminate some corporate litigation pitfalls. Here, we share a comparative study of 19 single-plaintiff cases—nine… Continue reading Which costs less: Arbitration or Litigation?