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Home » Topic » Legal and Regulatory » Dispute Resolution

Why Pay an Undisputed Balance When Engaged in Litigation?

by Mary Bacon | Oct 5, 2020
Dispute Resolution | Legal and Regulatory

Contractors may refuse to pay undisputed sums when in a payment dispute, but they should consider five things that may reveal why they should pay those undisputed funds.

Understanding the Purpose, Limitations and Benefits of a Liquidated Damages Clause

by James P. Carney, Daniel K. Felsen | Sep 22, 2020
Contracts | Dispute Resolution | Legal and Regulatory | Risk Management

Contracting parties are advised to understand the purpose, limitations and benefits of liquidated damages clauses.

Prompt Payment Statutes to the Rescue

by Jason Lambert | Sep 21, 2020
Contracts | Dispute Resolution | Legal and Regulatory

Prompt payment statues may not always force a faster payment, but they can provide leverage and some level of compensation for slow and late payments.

The Growth of BIM and Its Impact on Contractor Risk

by James T. Dixon, Alexandra V. Dattilo | Sep 6, 2020
Dispute Resolution | Legal and Regulatory | Risk Management

BIM has many benefits—and may reduce legal expenses as well. As the technology approaches the level of full adoption, that is an issue worth watching.

How to Write an Effective Claim Letter

by Mary Bacon | Aug 23, 2020
Dispute Resolution | Legal and Regulatory

A claim letter puts another project party on notice of a contractor’s claim for payment. An effective claim letter states why the contractor is making a claim, damages sought.

Recent Federal Court Decision Favors Class Action Defendants

by Amber Karns, Dan Pipitone | Aug 19, 2020
Dispute Resolution | Legal and Regulatory

Employers throughout the construction industry now have the ability to cite a precedent when seeking to avoid the burdensome legal expense and weight of a class action or collective classification.

Best Practices for ESI Collection in Construction Litigation

by Kelley J. Halliburton | Aug 12, 2020
Dispute Resolution | Legal and Regulatory | Policy

The key to successful electronically stored information collection is to build a solid foundation before trouble arises with prepared policies and procedures in place.

Pandemic Protection: Allocating Risk in Construction Contracts Through the Uncertainty of COVID-19

by Steven Gonzalez | Aug 3, 2020
Contracts | Dispute Resolution | Legal and Regulatory | Risk | Risk Management | Safety | Wellness

The best time to protect against the adverse impacts of a force majeure event, such as a pandemic, are during the financing and contracting portions of upcoming projects.
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