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Home » Topic » Legal and Regulatory » Dispute Resolution

ConsensusDocs vs. AIA: Which Contract Is Best for Contractors?

by Kenneth E. Rubinstein, Nathan Fennessy | Jan 7, 2020
Contracts | Dispute Resolution | Legal and Regulatory

Which contract form, ConsensusDocs 200 or AIA A201, offers contractors more favorable a risk allocation?

To Arbitrate or Not, That Is the Question

by David K. Taylor | Dec 12, 2019
Dispute Resolution | Risk Management | Safety

Agreeing to submit all disputes to binding arbitration as opposed to litigation in court is a significant business decision that contractors should never take lightly.

The Secret to Lowering the Experience Modification Rate

by Jeffrey Cavignac | Dec 9, 2019
Dispute Resolution | Human Resources | Insurance | Safety

The experience modification can have a significant impact on a company’s operations and profitability. A culture of safety and good claims management practices can keep the mod rate low.

Risk-Shifting Tactics for Construction Contracts

by Nate Budde | Nov 14, 2019
Contracts | Dispute Resolution | Legal and Regulatory | Risk | Risk Management

By understanding different contractual tactics, contractors can shift financial risk to other parties. Read the contract, get legal assistance and champion open communication and transparency.

The Insured’s Responsibilities in the Event of a Claim

by Jeffrey Cavignac | Oct 17, 2019
Dispute Resolution | Insurance | Risk Management | Safety

Timely reporting of claims is critically important on all lines of insurance coverage, although terms such as "occurrence" or "time" may not be defined in the policy.

The Expansion of Potential Liability of Construction Managers and Consultants

by Scott D. Cessar | Oct 10, 2019
Contracts | Dispute Resolution | Risk Management | Safety

There is a greater likelihood of lawsuits naming construction managers and consultants as defendants. The consequence of more claims has led to increased costs for legal expenses and settlements.

What Should Be in Every Construction Agreement

by Patrick Barthet | Oct 7, 2019
Contracts | Dispute Resolution | Legal and Regulatory

A detailed and coherent construction agreement on every job minimizes confusion, makes clear everyone’s responsibilities and reduces disputes. There are six key things to address in every construction agreement.

The Utility of Arbitration Agreements in the Construction Industry

by Brian L. Gardner, Jason R. Finkelstein | Sep 24, 2019
Dispute Resolution | Legal and Regulatory

The Epic Systems decision provided uniformity across the country and the assurance that arbitration and class waiver agreements will be enforced nationwide if properly drafted and freely executed.
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