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Mediation Construction Contracts

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

Blake, Cassels & Graydon LLP

Clauses de règlement des différends dans les contrats d’infrastructure publique : point de vue de l’avocat plaidant

Les grands projets d’infrastructure publique font généralement intervenir plusieurs parties prenantes et nécessitent un ensemble complexe de contrats et de sous-contrats. Une approche réfléchie de la négociation et de la...more

Blake, Cassels & Graydon LLP

The Dispute Resolution Clause in Public Infrastructure Contracting — A Litigator’s View

Large public infrastructure projects typically involve several stakeholders and a complex array of contracts and subcontracts. A thoughtful approach to the negotiation and drafting of contractual dispute resolution clauses...more

Lasher Holzapfel Sperry & Ebberson PLLC

Navigating Technical Terminology in Residential Construction Contracts

Residential construction contracts will often contain technical terms or jargon that leave many homeowners with uncertainty. Homeowners should be cautious of implicitly agreeing to language they do not understand when...more

Miles Mediation & Arbitration

Multi-Party Construction Mediations and How to Address Them

Multiparty construction mediations are often complicated due to the number of liability, causation, and damages issues. Whether the mediation occurs prior to litigation or after litigation is initiated, there are several...more

Miles Mediation & Arbitration

Trending Issues in Florida Construction Law: Issues for Attorneys to be Aware of

Given the nature and complexity of construction projects, it’s not surprising that construction law is an ever-evolving amalgamation of federal, state, and local laws, rules, and regulations. Construction cases often include...more

JAMS

[PODCAST] Hon. Nancy Holtz (Ret.) Discusses Timing Strategies in Construction Mediations on ABA Podcast

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In episode 40 of the ABA Construction Law Today podcast, Hon. Nancy Holtz (Ret.), a Boston-based JAMS neutral, explores the critical role of timing in achieving optimal outcomes during construction mediations. Drawing on her...more

TransPerfect Legal

IBA 2024 Mexico City Takeaways for Global Construction Trends and Mediation for Construction Disputes

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What Does It Take, Is It Worth It, and What Are the Cost Implications of Alternative Dispute Resolution? The volume of disputes and associated financial fallout in global construction claims is steadily rising, indicating...more

JAMS

Mastering the Art of Construction Dispute Resolution Clauses - A neutral’s perspective on drafting ADR agreements

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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

Smith Debnam Narron Drake Saintsing & Myers,...

Five of the Most Common Construction Disputes that Require Construction Lawyers

Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more

Ankura

Mediating Construction Claims in Real-Time

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Why Owners and Contractors Should Consider a “Third-Party Neutral” To Resolve Disputes Prior to the Completion of a Project - A Third-Party Neutral During Construction Primer - What Is a Third Party Neutral? A...more

Davis Wright Tremaine LLP

Check the Box: Considerations for Selecting Dispute Resolution Methods in Construction Contracts

Time, cost, and quality are usually top of mind when parties are negotiating construction contracts. But, in today's increasingly litigious world, it is important for parties to consider their dispute resolution options...more

Robinson+Cole Construction Law Zone

American Arbitration Association Revises Construction Industry Rules and Mediation Procedures

The American Arbitration Association (AAA), one of the longest-standing and experienced alternative dispute resolution (ADR) administrators, has unveiled a significant update to its Construction Industry Rules and Mediation...more

White & Case LLP

Drafting Settlement Agreements with Enforcement in Mind

White & Case LLP on

There are currently a significant number of unresolved claims in Qatar as a result of the construction activities that took place in the lead-up to the FIFA World Cup, including due to the minimum wage increase,...more

Miles Mediation & Arbitration

Important Procedural Issues in Georgia Construction Arbitrations

Arbitration has long been used as an alternative to litigation in construction disputes. Many construction contracts contain arbitration clauses, many of which reference specific rules established by specific arbitration...more

Vinson & Elkins LLP

Jumping Through (Enforceable) Hoops: The Importance of Certainty in Multi-tier Dispute Resolution Clauses

Vinson & Elkins LLP on

Contracts in the construction industry often include multi-tiered dispute resolution clauses. These are clauses which set out in an escalating sequence the stages of dispute avoidance and/or alternative dispute resolution...more

JAMS

JAMS Global Construction Solutions, Winter 2023 - The Latest News in Construction ADR from the World’s Leading Neutrals

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Investor-State Mediation- A New Way to Deal with Old Problems? In common with commercial arbitration, a large proportion of treaty-based Investor-State disputes involve construction issues. In the Annual Report of 2021...more

Miles Mediation & Arbitration

Build Your Foundation: Five Smart Strategies to Prepare Your Construction Case for Mediation

Construction lawsuits can encompass a wide variety of claims ranging from construction defects, construction delays, breach of contract claims, structural deficiencies, and environmental issues, to name only a few. They also...more

Spilman Thomas & Battle, PLLC

New and Revised AAA Rules that May Affect Your Construction Contracts

Does your contract contain a dispute resolution section that refers to the American Arbitration Association (“AAA”) rules, mediation and/or arbitration proceedings?  If so, then you need to be aware of some changes that took...more

Robinson+Cole Construction Law Zone

The AAA Revises its Commercial Arbitration Rules and Mediation Procedures

The American Arbitration Association (AAA) has revised its Commercial Arbitration Rules and Mediation Procedures, effective September 1, 2022. The goal of these revisions is to standardize longstanding AAA practices...more

Miles Mediation & Arbitration

Using Arbitration and Mediation in Construction Cases

Whether it’s a custom-built home, a large housing development or a high-rise condominium or office building, legal disputes related to construction issues can be complicated. The number of primary defendants and third-party...more

JAMS

[PODCAST] Demystifying Mediation Myths in the Construction Industry

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A podcast from JAMS featuring neutrals Patricia H. Thompson, Esq., FCIArb, and Bruce A. Edwards, Esq., on some of the top myths on ADR within the construction industry - In this podcast, JAMS neutrals Patricia Thompson...more

Fox Rothschild LLP

Overview of Dispute Review Boards in the Construction Process

Fox Rothschild LLP on

Problems, disagreements and claims arise in most large and complex construction projects regardless of the project delivery method — design-build, design-bid-build, construction manager at risk, construction manager not at...more

JAMS

Eight Tips for Mediating High-Profile Construction Disputes

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Large-scale global construction disputes often present a complicated mix of factors, such as publicity-associated risks, government oversight, huge project size, a large number of implicated parties and momentous damage...more

Cole Schotz

Parties To Construction Contracts Should Exercise Caution When Allowing An Arbitrator To Change Hats Between Mediator And...

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Dispute resolution provisions providing for mediation as a prerequisite to arbitration are standard in AIA construction contracts. Parties may nonetheless mutually agree to eliminate or waive those provisions and proceed...more

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