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Settlement Construction 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

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

Snell & Wilmer

Successful Mediation Often Boils Down to Preparation

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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

Shutts & Bowen LLP

Objecting to a Real Estate Project in Florida Carries a Risk of Liability

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By refusing to hear an appeal of a decision by a Florida appellate court, the US Supreme Court effectively sided with a developer who won a multi-million judgment against someone who tried to undermine the developer’s...more

Troutman Pepper Locke

Fifth Circuit Holds Settlement Proceeds Received by General Contractor From Subcontractors Constitute “Other Insurance” Which...

Troutman Pepper Locke on

Satterfield & Pontikes Constr., Inc. v. United States Fire Ins. Co., 2018 U.S. App. LEXIS 21488 (5th Cir. Aug. 2, 2018) - This case arises out of an excess insurance provider’s refusal to cover damages incurred by the...more

JAMS

Reallocation Actions and Settlement Agreements: What Did We Settle?

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The purpose of a settlement and release agreement is to fully and finally dispose of a disputed matter. However, more and more often, a dispute cannot be fully resolved where non­parties to the dispute have contributed...more

Nossaman LLP

The Jury is Still Out On The Effectiveness Of The “Calderon Process”

Nossaman LLP on

The State of California implemented the “Calderon Process” almost two decades ago. The hope was this pre-litigation “mediation” process would lower the cost, and increase the likelihood of early settlement, of construction...more

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