Publications Archive

Ten Commandments of Mediation

As more lawyers and clients are dealing with mediation on a regular basis, Don lists the “Ten Commandments” that might come in handy when dealing with a problem of biblical proportions. Read the commandments now

Forum-Selection Clauses After Atlantic Marine

In late 2014, the Supreme Court of the United States decided Atlantic Marine Constr. Co. v. United States Dist. Court, a case that will have important implications for construction attorneys and their clients. Eric Travers and Peter Berg provide an in-depth analysis of the decision. The article explains the significance of “forum selection clauses” and […]

Construction Lawyer: Problem or Problem Solver? The Need for Cost-Effective Dispute Resolution in the Construction Industry

As alternative dispute resolution—negotiation, mediation, arbitration—becomes more prevalent in the construction industry, construction lawyers find themselves in unfamiliar roles. The way construction disputes are resolved has changed dramatically. Don Gregory and Peter Berg argue construction lawyers should be focused on problem-solving, by partnering with their clients and by being cost-effective advocates. The best construction lawyer […]

In search of Bounds: New Mexico Supreme Court Upholds State’s Domestic Well Permit Exemption

In 2013, the Supreme Court of New Mexico decided an important water rights case in Bounds v. State of New Mexico. The case involved a long-standing New Mexico statute which exempted domestic water wells from an extensive (and costly) permitting process. Don Gregory and Jeremiah Thomas discuss an amicus brief filed in the case by […]

State Must Give Notice to Recover

In N.L. Constr. Corp. v. Ohio Dep’t of Admin. Servs., Ct. Cl. No. 2011-08318, Aug. 30, 2012, the Court of Claims of Ohio rejected the state’s argument that it did not need to provide a 72-hour notice to a contractor before the state terminated its general trades contract. Don Gregory explains that contractual and statutory […]