As a single dad of seven, resolving daily disputes is a common occurrence in my house. Whether it’s whose turn it is to pick the next Netflix stream or who gets the last Crumbl cookie, disagreements are inevitable. Fortunately for my kids, they don’t need to go to an arbitrator or judge to resolve these
Home Builders and Developers Beware: SC Supreme Court Beats Up Hybrid Arbitration Clauses Mercilessly
Today’s guest post is by one of my favorite construction lawyers and friends, Burr partner Ned Nicholson in our Columbia, SC office. Ned regularly represents clients in construction defect and compensation claims, manufacturer/dealer disputes, and insurance coverage lawsuits. He is also a South Carolina certified mediator. Ned can be reached at nnicholson@burr.com or (803) 799-9800.
9 Best Practice Tips for a Schedule Analysis of Construction Delays
Contractor Learns You Need an Expert to Join “Battle of the Experts”
It kind of goes without saying, but you should probably bring your expert to a dispute if there is going to be a battle of the experts. One contractor recently learned this lesson to the tune of $65,000.
In Appeal of BES Construction, LLC, ASBCA 60608 (Oct. 23, 2019), the contracting officer awarded the
Arbitrator: Produce Those Construction Documents . . . And Me: You Have No Authority!
Construction disputes often involve voluminous amounts of discovery, including documents in the hand of third parties. And if the case is subject to arbitration, it is likely that there will be a dispute about whether the arbitrator has the authority to compel production of third-party documents or witnesses for deposition.
On September 18, 2019, in
Construction Contracts And Arbitration Provisions: Is The Word “May” Mandatory? Maybe!
You don’t always say what you mean. And you don’t always mean what you say. In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations.
As an example, when the parties use the word “shall” in their agreement, they generally understand that the obligation specified is mandatory. Or
Tony Piazza and Eric Green: Ask The Experts Any Mediation Question!
When it comes to identifying the best mediators in the country, Tony Piazza and Eric Green are at the top of the list. And, on October 8, 2015, they will be sharing the stage in Austin, Texas for the Construction ADR Summit (pdf) sponsored by the American Bar Association’s Forum on Construction Law.
The
Have You Served As A Construction Arbitrator? Click Here!
As you may know, I am the Co-Chair of the upcoming Construction ADR Summit (pdf) sponsored by the American Bar Association’s Forum on Construction Law to be held on October 8-9, 2015 in Austin, Texas.
As part of that program, I want to invite you to participate in a unique survey to learn firsthand
Revised AAA Construction Rules Take Effect July 1, 2015
The past week has been one of sweeping changes. (…no comment…) But one set of non-controversial changes is the Revised Construction Industry Arbitration and Mediation Procedures released by the American Arbitration Association.
The Rules, which take effect July 1, 2015, can be downloaded here. The major revisions include:
- A mediation step for
Happy Birthday AAA Supplementary Construction Rules for Fixed Time and Cost
Happy Birthday to You! Happy Birthday to You! Happy Birthday Dear AAA Supplementary Rules! Happy Birthday to you!
One year ago, the American Arbitration Association implemented new rules to provide an arbitration process that would be more predictable in terms of time and cost. The Supplementary Rules for Fixed Time and Cost Construction