Excuse the eye patch, as I just had retina surgery yesterday. I am surprised at how different the world looks with only one eye to focus—from the depth of the stairway, to the water flowing from the sink, to the words flying out from the computer screen. In other words, there is more than meets
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?
Court or Arbitrator: Who Decides Statute of Limitations Issues?
You can imagine that with seven young children in our house, there are a substantial number of arguments on any given day. When both my wife and I are at home, the question becomes, Who decides disputes: Mom or Dad? In the construction arena, the same types of questions arise.
Recently, in Bechtel Do …
AAA Announces Game Changer: Potential Arbitrators Now Available Online!
The NCAA college basketball tournament is not the only exciting game in town. The American Arbitration Association (AAA) recently announced a game changer called Arbitrator Select.
Continue Reading AAA Announces Game Changer: Potential Arbitrators Now Available Online!
Essential Terms to Include in a Construction Arbitration Clause
I recently read a BNA article on commercial arbitration entitled Achieving the Perceived Cost Savings and Expedience of Commercial Arbitration (pdf). In the article, Chicago attorney William O’Neil identifies six essential terms you should include in your arbitration clauses.
While I agree with most of the essential terms, the recommendations really depend on…
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. For example, when the parties use the word “shall” in their agreement, they generally understand that the obligation specified is mandatory. Or when parties use the…