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 […]
Publications Archive
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 […]