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 firstname.lastname@example.org or (803) 799-9800.
9 Best Practice Tips for a Schedule Analysis of Construction Delays
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.
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!
“Sole Option” Arbitration Provision in Construction Contract Can Be Good
Sometimes it is a race to the courthouse and dispute resolution for construction disputes can take many forms: litigation, mediation, arbitration, med-arb, dispute review boards, flip-a-coin, etc. Every now and then, I will review a construction contract where one of the parties . . . “at its sole option” . . . has the right…
Arbitration: What Is It? Why Should You Care?
When parties to a construction project find themselves in a dispute, there are a few options to help find a resolution. These can include: engaging in informal settlement discussions, taking the dispute to an initial decision maker identified in the contract, or hiring a third-party mediator to help the parties find a resolution. If the…
Contracts Must Be Clear on “Arbitrability” Question, Especially for $56M Claims
I’ve blogged about arbitration in construction disputes on numerous occasions. Just like any other construction contract dispute, the resolution in arbitration often comes down to the language used in the parties’ agreement. This is especially true when the gateway question is: Who decides whether the dispute is arbitrable—the court or the arbitrator?