Liability in the construction process is usually determined and allocated by contract. It is quite common for construction contracts to contain indemnity provisions requiring one party to defend and reimburse the other...more
For over a century, the United States construction industry has promoted the use of non-judicial dispute resolution methods. These alternative dispute resolution (ADR) methods enable construction entities to handle disputes...more
Over the past two decades, arbitration has lost some of its luster as the best method to resolve construction industry disputes. The perceived “judicialization” of arbitration is at the heart of the industry’s recent...more