Dispute Resolution

Using Lien and Bond Claims to Secure Project Payments

by Jonathan Cheatham | Feb 15, 2021
Dispute Resolution | Legal and Regulatory | Risk Management | Surety Bonding

When disputes arise on a construction project, mechanic’s liens and payment bonds ensure that rights are protected, remedies for non-payment exist and that they are enforceable.

Protect the Bottom Line With a Price Escalation Clause

by Jason Lambert | Feb 1, 2021
Contracts | Dispute Resolution | Legal and Regulatory

A price escalation clause can be inserted into any contract as a way for subcontractors or contractors to recover some or all of materials cost increases on a project.

Pressing Pause and Pressing Stop: The Strategic Use of Contractual Suspension and Termination Rights

by James T. Dixon | Jan 31, 2021
Contracts | Dispute Resolution | Legal and Regulatory

Termination disputes can be costly, so contractors should understand their options and negotiate favorable terms before work begins.

Expert Witnesses in Construction Cases: Will They Be Admissible?

by Natalie C. Fischer, Gary L. Brown | Jan 15, 2021
Dispute Resolution | Legal and Regulatory

When calling expert witnesses in a construction dispute, know which standard applies, Daubert or Frye, to ensure that expert’s opinion is admissible.

Think Twice Before Walking Off a Job

by Patrick Barthet | Dec 9, 2020
Dispute Resolution | Legal and Regulatory

Walking off a job comes with significant risks. A contractor could quickly find himself in court accused of breach of contract and be sued for damages.

Recent Court Decision Reinforces Economic Loss Rule

by Christopher Utrera | Dec 8, 2020
Dispute Resolution | Legal and Regulatory

A recent court decision barred claims against manufacturers, reinforcing the economic loss rule, which has been adopted by a majority of U.S. courts.

Tips for Ensuring Project-Level Agreements Are Enforceable

by Mary Bacon | Nov 17, 2020
Contracts | Dispute Resolution | Legal and Regulatory

Most disputes on a construction project are resolved at the project level. Follow these tips for making and documenting agreements to help ensure they are enforceable.

Arbitration or Litigation?

by James T. Dixon | Oct 29, 2020
Contracts | Dispute Resolution | Legal and Regulatory

In deciding whether to litigate or arbitrate a construction dispute, consider time, cost and other factors. Here’s information to help you decide.