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Construction Industry Discovery

EDRM - Electronic Discovery Reference Model

Five Lessons for eDiscovery from Home Improvement Projects

The last few months I’ve been in the throes of multiple home improvement projects large and small requiring eight contractors and two handyman services. And what, you ask, does this have to do with eDiscovery? This experience...more

BCLP

Building Safety Act: New TCC Case on Building Information Orders

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Section 130 of the Building Safety Act 2022 (BSA) allows the High Court to make building liability orders (BLO) if it considers it just and equitable to do so.  Section 132 allows the court to make an information order to...more

Snell & Wilmer

Arbitration Lessons From a Arizona Recent Case, Chayce Concrete, LLC v. Path Construction Southwest, LLC

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In Chayce Concrete, LLC v. Path Construction Southwest, LLC, the Arizona Court of Appeals reaffirmed Arizona courts’ deference to arbitrators when it comes to confirming an arbitrator’s award. The opinion further highlights...more

HaystackID

[Webinar] Protect Sensitive Data and Control Costs: An eDiscovery Blueprint for the Construction Industry - January 29th, 11:00 am...

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The construction industry faces unique challenges in eDiscovery, from managing vast data volumes to protecting sensitive communications and plans. HaystackID®’s upcoming webcast will explore practical and advanced artificial...more

Bradley Arant Boult Cummings LLP

Merely Copying In-House Counsel Does Not Necessarily Establish Attorney-Client Privilege

Businesses who employ in-house attorneys frequently assume that copying their lawyer on internal communications shields the communications from discovery because of the attorney-client privilege. In 1981, the U.S. Supreme...more

TransPerfect Legal

[Webinar] eDiscovery in Construction Disputes: Best Practices for Challenging Data Sources - September 12th, 12:00 pm - 1:00 pm ET

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Construction disputes raise particularly challenging eDiscovery issues due to the diverse data types often involved, including CAD/design files, construction-specific project management databases, mobile phone data, and large...more

Bradley Arant Boult Cummings LLP

Interview: Carly Miller And David W. Owen Of Bradley Discuss Discovery And Third-Party Funding In International Arbitration

Mealey’s: What is your professional background and how did you both become involved in international arbitration? Miller: I’ve been practicing law with Bradley in its construction group for a little over 10 years. We rep-...more

Baker Donelson

AAA Amends its Construction Industry Arbitration Rules

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For the first time in almost a decade, the American Arbitration Association has amended its Construction Industry Arbitration Rules for a more streamlined and efficient process as a result of feedback from construction...more

Saiber LLC

The Saiber Construction Law Column: October/November 2023

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The duty to preserve litigation evidence arises when a party in possession of evidence knows that litigation by a party seeking the evidence is pending or probable, and the party in possession of the evidence can foresee the...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Brett Lamb, Founder and CEO of Construction Discovery Experts, sits down with Kaylee & Mary

Brett Lamb, founder and CEO of Construction Discovery Experts, sits down with Kaylee & Mary to talk about the construction specific services his firm provides including construction specific communication applications like...more

Kilpatrick

What can companies do to protect themselves from U.S. style discovery creeping into their international disputes in light of the...

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International arbitration is popular for resolving construction disputes. The merits of using arbitration can be numerous, including (1) avoiding potentially biased foreign courts, (2) having a meaningful say in who hears...more

Pierce Atwood LLP

Highlights from the AAA’s New Publication on Discovery Best Practices

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The American Arbitration Association (“AAA”) released recommendations for AAA Construction Advocates and Arbitrators with regard to best discovery practices and tips for Construction Arbitration. See American Arbitration...more

U.S. Legal Support

[Webinar] Managing a Complex Case Virtually – A Case Study of Construction Defect Litigation - February 10th, 9:00 am PST

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Join us for an in-depth conversation with top attorneys from Duane Morris LLP, Fenton Grant Mayfield Kaneda & Litt, LLP and Gordon Rees Scully Mansukhani, LLP on how to manage a complex litigation from discovery through...more

Bradley Arant Boult Cummings LLP

No. 10 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Construction Mediations

Effective representation of clients in construction mediations takes more than throwing together a mediation statement at the last second and showing up at the mediation. Doing it right requires the same kind of due diligence...more

Epiq

New Disclosure Pilot Scheme Begins in England and Wales

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Parties with matters taking place in England and Wales need to be aware of a new disclosure pilot scheme that has become mandatory, with some exceptions, in English and Welsh business and property courts. These courts cover...more

Kilpatrick

Federal Rules - Who You can Bring to Deposition

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One consideration during discovery is whether to request that other witnesses, besides the witness who is being deposed, be sequestered from that deposition. This is a particularly relevant consideration in construction...more

Troutman Pepper Locke

Combatting Arbitration Inefficiency

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“Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So provides the preamble to the Construction Industry Rules of the American Arbitration Association. ...more

King & Spalding

Tokyo Dispute Resolution and Crisis Management Newsletter - December 2017

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Suitability of Arbitration Rules for Construction Disputes - Arbitration continues to be the preferred method of dispute resolution for construction disputes. With many large infrastructure projects being financed,...more

Carlton Fields

District Court Find No Federal Question Jurisdiction In Action Challenging Arbitration Award Based On Arbitrator Bias

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A federal court has rejected the attempt of the losing party in an arbitration to engage in discovery regarding the potential bias of the arbitrator, finding that it had no jurisdiction over the matter because it did not...more

Cohen Seglias Pallas Greenhall & Furman PC

5 Simple Ways Construction Companies Can Reduce E-Discovery Costs

Almost any construction project carries the potential for disputes, which all too often lead to litigation and associated costs. As litigation costs increase, they eat into potential recovery or limit defense strategies....more

Burr & Forman

Contractors: Do You Have a Cell Phone Policy? Is It Time for an Upgrade?

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Smart phones and tablets are now commonplace on the construction job site.  Are your cell phone policies as outdated as the original the flip phones that you issued to your employees? Do you even have a cell phone policy?...more

Saul Ewing Arnstein & Lehr LLP

AAA Issues Revised Rules for Arbitration in Construction Industry Disputes

The American Arbitration Association recently updated its Construction Industry Arbitration Rules and Mediation Procedures, effective July 1, 2015. There are six new rules, some of which are borrowed from litigation...more

Baker Donelson

American Arbitration Association Revises Construction Industry Rules and Mediation Procedures

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The American Arbitration Association (AAA) recently revised its Construction Industry Rules and Mediation Procedures (Rules). The revised Rules, which took effect on July 1, 2015, are intended to provide a more efficient and...more

JAMS

JAMS Global Construction Solutions Newsletter, Summer 2015

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Construction Lawyering in the U.K. and U.S.: Contrasts and Similarities - Introduction - There are important differences between the American and British styles of lawyering, but there is also much common...more

Pillsbury Winthrop Shaw Pittman LLP

AAA Revises Construction Industry Arbitration Rules and Mediation Procedures

The American Arbitration Association (AAA) has revised its Construction Industry Arbitration Rules and Mediation Procedures (Rules), effective July 1, 2015. Although some changes are relatively modest, others expand the...more

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