Resources for Construction Lawyers and ADR Professionals
If the parties’ contract specifies litigation to resolve disputes, but the parties want to arbitrate, what are their options? Can parties agree to arbitrate despite the contract’s language? Yes, they can! Arbitration is a creature of contract, but parties can agree to…
The Construction ADR Toolbox hopes everyone is taking some time off this summer to rest and relax. Summer vacation may mean a trip to the mountains or to the beach or the classic cross-country road trip. It’s also an opportunity to catch…
The California and Connecticut legislatures recently passed new laws regarding arbitration agreements and who can serve as arbitrators. It will be interesting to see if any other states follow their examples. Lawyers or arbitrators practicing in California and Connecticut should review the…
Renowned jazz trumpeter, Miles Davis[i], once said, “It’s not the notes you play. It’s the notes you don’t play.” The art is knowing what to leave out—and when. This concept applies to fact witness testimony in arbitration or in trial as well…
The American Arbitration Association®[i] in partnership with the Early Dispute Resolution Institute,[ii] now offers Early Dispute Resolution Mediation (EDR). EDR Mediation is a structured process, not a one day, all or nothing event. The flexible, four step process allows parties to make…
Because construction projects and construction disputes are complex, lawyers and experts have long used various visual aids to illustrate and explain events and technical information to judges, juries, arbitrators and mediators. PowerPoint presentations have become the most common method to present technical…
Expert witnesses are central to resolution of many construction disputes. Experts fall into three general camps – forensic scheduling experts (CPM analysts), damages & accounting experts, and technical subject-matter experts. Technical experts are the most diverse since their expertise can range from…