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Successful Mediation Often Boils Down to Preparation

When presiding recently as mediator in a multi-party construction dispute, one of the contractor’s representatives asked me during a pre-mediation caucus to identify the one thing I needed from them for the mediation to...more

Tips for Mediation of the Toughest Construction Disputes

Settlement of a complex construction dispute at mediation can mean the end to sleepless nights for our clients. Resolution at mediation avoids the unpredictable risks and inordinate costs of seeing a dispute through to the...more

Is the Spearin Doctrine Still a Contractor’s Shield if the Contractor Followed the Plans and Specifications?

United States v. Spearin, 248 U.S. 132, 39 S.Ct. 59 (1918) is almost 100 years old, and it is still one of the most oft-cited cases in a construction lawyer’s playbook. In numerous contested cases, Spearin has given...more

Under Construction - September 2013: Arizona Court to Architect: You Have One Less Payment Tool than Your Contractor Counterparts

Architects occasionally get into payment disputes with project owners in much the same way as general contractors do. When that relationship sours, and litigation becomes necessary to secure payment, architects and...more

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