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Dispute Resolution Construction Industry Contract Disputes

JAMS

Resolving Construction Conflicts Efficiently: A Guided Mediation Approach

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With more than 40 years of experience in construction mediations, I’ve seen how early mediator involvement can significantly streamline the resolution process. By engaging a mediator early—before discovery heats up—parties...more

Mayer Brown

The Middle East Files

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In the second episode of Season 2 of our 'Across the Pond' podcast, Charles and Kwadwo are joined by colleague Gerard Moore, who leads the International Arbitration and Construction & Engineering practice in our Dubai office,...more

JAMS

Bridging Cultures, Avoiding Disputes: Why Construction Needs Partnering Dialogue More Than Ever

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Not long ago, I spoke with a general contractor on a multinational infrastructure project. “We had five nationalities on-site,” he said, “and six different ways of interpreting the same deadline.” He wasn’t exaggerating. ...more

BCLP

Construction Industry Participants Beware: CISG and CISOP and Their Impact on Overseas Procurement

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It is common for construction industry participants to source various machinery, materials or components from overseas for construction projects in Hong Kong, or to have part of the construction and fabrication or assembly...more

Vinson & Elkins LLP

Technology, Infrastructure, and the Future of Disputes: A Conversation with Roberta Downey

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Roberta Downey, a seasoned disputes lawyer, shares how rapid innovation is transforming the construction industry, reshaping contracts, and presenting new challenges for legal teams worldwide. In your recent piece for The...more

Bradley Arant Boult Cummings LLP

Whose Terms Govern? An Introduction to the Battle of the Forms

For construction lawyers, the Battle of the Forms presents a familiar fact pattern. A material supplier/seller provides a potential buyer with a price quote along with its standard terms. The buyer, usually a contractor or...more

Bradley Arant Boult Cummings LLP

Understanding the FAA’s ODRA Bid Protest Process: A Guide for Government Contractors

When it comes to federal procurements, the Federal Aviation Administration (FAA) operates a little differently than most other agencies. Unlike other federal agencies that follow the Federal Acquisition Regulation (FAR), the...more

Bradley Arant Boult Cummings LLP

Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute

Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute The general contractor on the 60-turbine wind farm project in Good Hope, Illinois, is entitled to collect a whopping $1 on its cost-to-complete claim...more

Bradley Arant Boult Cummings LLP

Does “Indemnify” = “Hold Harmless”?

Does this sound familiar? Nearly every construction contract contains an indemnification provision with some variation of these terms. And if you have ever negotiated a construction contract, you know that indemnification...more

Ankura

Breaking Down the Walls: A Series on Construction Delay Claims (Part 4 of 6)

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In the fast-paced world of construction, delays and disruption can pose significant challenges to project success. In this Breaking Down the Walls series, Gary Brummer, a partner at Margie Strub Construction Law LLP, and...more

Bradley Arant Boult Cummings LLP

Don’t Be a Junkyard Dog: Put Your Agreements in Writing!

A federal judge in Louisiana has dished out some harsh criticism of contractors who don’t reduce their contracts to writing. The case involves the decommissioning of 26 orphaned oil and gas wells near Baton Rouge. The...more

Miles Mediation & Arbitration

Master your Next Mediation: Advice for Attorneys

Crowded court dockets mean the interest in, and need for, alternative dispute resolution (ADR) continues to grow throughout Texas. How can you set the stage for successful mediation? When is the right time to mediate a...more

MG+M The Law Firm

Disputes on Major Subsurface Projects: Sources, and the Promise of Early Contractor Involvement

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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

JAMS

How Not to Frustrate an Arbitrator

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Common Mistakes Attorneys Should Avoid in Arbitration - A recent federal court ruling held that an arbitration award would be enforced under the facts of that case, regardless of whether the parties considered the award...more

BCLP

Battle of the Forms: A Recent Example

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In this Insight, first published in the March 2025 edition of the NEC Newsletter, Shy Jackson considers the topic of the “battle of the forms” in the context of a recent Scottish case, Caledonia Water Alliance v Electrosteel...more

BCLP

Government Issues Model Adjudication Documents

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On 10 February 2025, the Development Bureau (“DEVB”) issued a suite of model adjudication documents (“Model Documents”), including a set of model adjudication rules (“Model Rules”)....more

BCLP

Adjudication and Insolvency: Interface of Two Statutory Regimes Affecting the Construction Industry

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Adjudication has become a key tool in the construction industry, helping employers and contractors resolve disputes quickly and keep cash flowing on projects. But when insolvency enters the picture, things can get tricky —...more

Mayer Brown

Legal Developments in Construction Law: January 2025

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1.  LEASEHOLDERS MOVE CLOSER TO BUILDING LIABILITY ORDER AGAINST SPV PARENT COMPANY - Under section 130 of the Building Safety Act the court can make a Building Liability Order against a company that was not responsible...more

Conn Kavanaugh

The Massachusetts Prompt Payment Act Continues to Have Harsh Consequences for Transgressors, Unwitting or Otherwise

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With the exception of those living under rocks, construction professionals are well aware of the recent spate of litigation about the Massachusetts Prompt Pay Act. In 2022, the Massachusetts Appeals Court interpreted the Act...more

Womble Bond Dickinson

Litigation or Arbitration: Which is Better for Adjudicating Contract Disputes?

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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

Davis Wright Tremaine LLP

From Confusion to Clarity: A Guide to Handling Concurrent Delays in Construction Projects

Over the years, general contractors and commercial developers have debated their rights during a concurrent delay. When a concurrent delay happens, the question arises: should the general contractor receive a) an extension of...more

BCLP

JCT 2024 Contracts - Good Faith in Practice

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Not everyone will be familiar with the 1994 Latham Report that advocated the use of good faith, but the government’s Construction Playbook and the equivalent private sector Trust and Productivity report are more recent...more

BCLP

The IBA Site Visit Protocol: A framework for Avoiding Disputes Within Disputes

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Site visits can play an important part in construction arbitration, allowing the tribunal to gain a clearer understanding of the works in dispute. However, agreeing the terms of a site visit can be a contentious process...more

Vinson & Elkins LLP

"Supreme Court Rules Most Collateral Warranties Are Not Construction Contracts" in Abbey Healthcare v Simply [2024] UKSC 23

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On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...more

Porter Hedges LLP

The Initial Decision Maker: Coordinating the Owner-Architect and Owner-Contractor Agreements

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Coordination between the Owner-Architect Agreement and the Owner-Contractor Agreement is crucial for any successful project. In particular, parties most commonly overlook the provisions related to an Initial Decision Maker...more

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