The fact that informed parties and their counsel, in spite of its contradictions and instability, still choose same neutral med-arb is an interesting fact. The choice of same neutral med-arb seems like the equivalent of driving without seatbelts: it is contrary to conventional wisdom and when it goes wrong, it is impossible to fix. This choice seems to be a vote in favour of outcomes over process.
This paper provides construction lawyers with a fresh review of the unique dispute prevention, de-escalation and “real time” dispute resolution tools that the construction industry has developed to “keep the peace” in jobsite relationships. It further reminds construction lawyers about their special professional responsibility to advise clients who are entering into construction project relationships about how useful these tools can be in improving jobsite relationships, enhancing project performance, saving time and dispute resolution costs, improving their clients’ profitability, an
This article aims to analyze how some legal aspects and rules may influence on how owners and contractors approach claim management in construction projects in various countries including Brazil, North America, Canada and xxxxs, taking special consideration in regards to scope change and time limit to present claims. There has been a recent push for the development of a claim management culture aimed at avoiding litigation and arbitration.
This article examines the latest trends in the interpretation of consequential loss in exclusion clauses by the English courts
There are two major peer-reviewed, institutional guides to forensic programme delay analysis methods. One is the Society of Construction Law’s Delay and Disruption Protocol 2nd ed.
Identifies issues for consideration and recommended strategies to best protect privileged documents in multi-state/multi-country disputes
Far too many mega-projects have failed because of recurring root causes. These causes include: (1) First of a kind (FOAK) projects, either in terms of new technologies or scale; (2) Insufficient information to develop effective project controls and schedules; (3) Design schedules, scope and schedule creep; and (4) cultural differences, whether inside the organization or outside.
The inclusion of arbitration agreements in construction contracts is the new normal. Large or small, complex or simple, arbitration is an undeniably popular method of dispute resolution in the construction industry. One of its key benefits is said to be the ability to choose your decision maker. This feature of arbitration is particularly attractive in the context of a construction dispute, where a deep understanding of complex matters of design, engineering, delay and disruption is required and is not guaranteed in the litigation context. But just how many hig
This paper looks at the major project risks, discussing the following: Understanding the true project risks - time/program/liquidated damages/ prolongation, design, output guarantee, quality, cost; Negotiating appropriate risk allocation - reaching appropriate negotiated positions which are acceptable to all stakeholders; Risk mitigation and avoidance - effective risk workshops, understand the true risks and identifying effective controls.
