Resources for Construction Lawyers and ADR Professionals
We wish you and yours a joyous holiday season and a happy new year. See you next year!
Are there any limits on the scope of arbitration agreements? Two recent high-profile cases highlight arbitration clauses with extraordinary breadth. While not common in construction-related contracts now, such clauses may be more widely used in the future, creating disputes about how and…
Since artificial intelligence (AI) is becoming part of everyday business in the design and construction industry, disputes involving AI issues are likely to become more common also. AI-related disputes often involve experts and complex discovery issues. AI companies are concerned about confidentiality…
Site visits often play a significant role in large construction arbitrations. Construction drawings, pictures and even videos cannot match actually seeing the project in person and viewing the project elements and work areas involved in the dispute. What tends to make the…
This Thanksgiving week we are taking a break from ADR cases and topics to reflect on gratitude.
Many arbitration agreements grant arbitrators broad powers, including contract interpretation. The two cases in this post show the difficulty in vacating arbitration awards by claiming the arbitrator misinterpreted the contract. As stated in Hidroelectrica Santa Rita S.A. v. Corporacion AIC, SA, “Parties…
“Neutral Evaluation” covers a wide range of evaluations by a neutral party, from little more than off-the-cuff comments to a detailed written assessment following multiple days of presentations. This post addresses why one or all parties involved in a construction dispute could…