Resources for Construction Lawyers and ADR Professionals
Last week the ABA Forum on Construction Law celebrated its 50th anniversary by presenting a two-day program on Lessons Learned from the Last 50 Years on Project Execution and Claims Management. Nine plenary sessions covered topics from project planning to change order…
Although arbitration is widely used to resolve disputes globally, not all arbitrations look the same. Arbitration proceedings vary widely depending on the parties’, counsels’, and arbitrators’ legal traditions.[1] At the American College of Construction Lawyers’ annual meeting, four seasoned international arbitrators[2] discussed…
While subpoenaing third parties seeking documents or testimony is common in construction litigation, advocates are sometimes surprised to learn such discovery is more limited in arbitration. Obtaining discovery from third parties in arbitration depends on the arbitration agreement, the arbitration location and…
In honor of St. Patrick’s Day, a bit about him and his legends (and the legend of arbitration discovery too)!
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…