Project Delay, Now and Later
A recent decision from the Civilian Board of Contract Appeals affirmed that contractors don’t need to wait until contract completion to litigate delay claims.
Don’t Drop the Ball: Managing Risk in P3 Contracts
Successful contractors know how to assess, manage and pass off risk in P3 projects. Three contractual provisions to watch out for and negotiate are bonding and insurance, indemnity and dispute resolution.
Taming the Data Beast: Tips for Managing eDiscovery Challenges in the Construction Industry
Construction defect lawsuits require finding, collecting and sorting through terabytes of electronically stored information. Technology solutions allow visibility into the data and the ability to manage it.
Are Prosecutors Targeting Construction Projects?
Regulatory actions (and fines) against construction companies are on the rise for alleged misconduct under the Foreign Corruption Practices Act, federal and state false claims acts, and other federal and state anti-fraud statutes.
Rethinking the Boilerplate: Alternative Dispute Resolution Procedures in Construction Contracts
Taking full advantage of ADR means understanding each available process – whether mediation, arbitration, dispute review board or a combination – and the options for customization before executing a contract.
The Intersection of Arbitration and the Miller Act
The Miller Act requires contractors on federal construction projects over a certain threshold to furnish performance and payment bonds, providing a remedy to subcontractors and suppliers on the project to seek recovery for nonpayment.
The Power of Arbitration: Five Negotiation Strategies to Ensure a Better Dispute Resolution Process
Contractors know all too well how quickly a dispute can get out of hand and end up in litigation. Arbitration is a private process by design that can be customized to meet the needs of the parties and project, unlike court where the entire proceedings are a matter of public record.
The Importance of Understanding Dispute Resolution Options
There are basically two ways to settle a dispute - have a judge, a jury or an arbitrator settle it or the parties can resolve the matter themselves. A mediator can provide guidance in resolving the dispute.
