Dispute Resolution

To Arbitrate or Not to Arbitrate

by Mary Bacon | Mar 18, 2020
Dispute Resolution | Legal and Regulatory

Construction contracts may have mandatory arbitration provisions but sometimes contain a provision that allows either party to agree to arbitration. With that option come several considerations.

Demystifying the Surety Industry’s Expedited Dispute Resolution Bond

An EDR bond expedites dispute resolution between parties to the bond as to the surety’s obligation for project completion when a contractor defaults.

Legal Benefits and Pitfalls of Contractor Quality Control Programs

by Alex Thrasher | Mar 4, 2020
Contracts | Dispute Resolution | Legal and Regulatory

A QC program can minimize project costs and defective workmanship and guard against risks associated with disputes. A poor QC program can create hidden problems that may result in unanticipated costs if disputes arise.

The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem

by Kenneth E. Rubinstein, Nathan Fennessy | Mar 4, 2020
Dispute Resolution | Legal and Regulatory

Determining the end date for liability isn’t as simple as reviewing applicable statutes of limitation and repose. The federal government may file a suit decades after construction is complete.

Allocating Responsibility and Damage Costs in Multi-Party Construction Disputes

In construction defect disputes, there is little consensus on how to allocate responsibility and costs to implicated parties.

Litigation and Arbitration Venue Provisions in Construction Contracts: When and How They Work

by Kenneth E. Rubinstein, Eric Penley | Feb 4, 2020
Contracts | Dispute Resolution | Legal and Regulatory

Venue provisions in contracts can limit uncertainty about where and how disputes are resolved, but the prevalence of “home rule” laws in many states means that such provisions cannot always be taken at face value.

Statutes of Repose: What Every Contractor Needs to Know

by Emily Sayre, Jesse Lipcius, Frederic X. Shadley | Feb 1, 2020
Contracts | Dispute Resolution | Legal and Regulatory

Given that many states apply a statute of repose to contract actions, it’s only a matter of time before the construction industry enjoys enhanced protection under all states’ statutes of repose.

Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens

by Robert G. Campbell, Trevor B. Potter | Jan 21, 2020
Dispute Resolution | Legal and Regulatory

Contractors can minimize risk by knowing whether an arbitrator has authority to make factual determinations on the amount and validity of mechanic’s liens, and whether courts are bound by these determinations.

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Dispute Resolution

To Arbitrate or Not to Arbitrate

Demystifying the Surety Industry’s Expedited Dispute Resolution Bond

Legal Benefits and Pitfalls of Contractor Quality Control Programs

The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem

Allocating Responsibility and Damage Costs in Multi-Party Construction Disputes

Litigation and Arbitration Venue Provisions in Construction Contracts: When and How They Work

Statutes of Repose: What Every Contractor Needs to Know

Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens

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A Friendly Reminder to Subcontractors: Read the Contract!

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