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
Gobble Gobble First and Then You Can Put Up the Christmas Tree. Well, Kinda.
As we enter the holiday season, some people have strict guidelines about when the Christmas tree or other holiday decorations are allowed to takeover our daily lives, offices, and homes. The red and white ribbons and the colored lights of Christmas cannot be hung until after the orange pumpkins, brown leaves and turkey carcasses are…
Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claims
Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. Government on two road projects in South Carolina. The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid…
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?
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.
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Arbitrating Construction Disputes: Would You Like “Reason” With That Award?
Who knew that dispute resolution was a lot like ordering from a menu? Would you like one arbitrator or a panel of three arbitrators? Would you like your jurisdictional questions to be determined by the court or the arbitrator? Which arbitration rules do you want to apply? So many choices . . .
Recently, the American Arbitration Association revised and…
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…