Residential Contractor Boot Camp
Construction Delays in the Time of Coronavirus: A Legal Perspective
1. PRIVY COUNCIL RULES OUT CONTRACTOR'S CANCELLATION CHARGES IN FIDIC YELLOW BOOK TERMINATION CLAIM - The employer, under two contracts based on the 1999 FIDIC Plant and Design-Build Yellow Book, terminated the contracts...more
Disputes are inherent on major subsurface projects. Typically, these disputes arise out of differing subsurface conditions and disagreements about the roles, responsibilities, and risks of the various project participants in...more
I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more
While disputes can occur in any type of commercial transaction, construction contains a unique mix of “ingredients” that increase the likelihood that disputes will arise. Whereas most commercial transactions involve only a...more
Ask anyone with experience on construction projects, particularly large, complex “mega-projects,” and they will tell you that disputes are an expected part of doing business. It is rare that these projects come in on schedule...more
When entering into construction contracts, the question of which state’s laws will govern is a pivotal consideration. Choice of law has real-world implications for how construction disputes are resolved. Different states have...more
Many neutrals may assume that they have little need for skills in drafting dispute resolution clauses. If so, they are wrong. In fact, there are good reasons why all ADR participants—including the neutrals—need experience in...more
Most state and federal courts have expressed a strong preference for parties to resolve their legal disputes via binding arbitration when there is an arbitration clause applicable to the dispute, but there are instances where...more