Arbitration has long been a staple for resolving construction disputes, ideally in a prompt and cost-effective manner by arbitrators familiar with the construction industry. For decades, the AIA documents required arbitration, but more recently the parties are given an option to “check the box” for arbitration or litigation. Some in the construction industry have become […]
Five Mistakes Guaranteed to Kill a Mediation
Almost every meaningful lawsuit goes to mediation, so it is important to get it right. Based upon hundreds of mediations, here are my five common mistakes to avoid. Don’t Expect to Win In mediation, you must “give a little to get a little.” If you expect the other side to voluntarily capitulate, you will be […]
Don’t Waive Your Claim Under AIA Documents
The AIA A201 General Conditions at §15.2 mandate that any claim be submitted to the Initial Decision Maker (“IDM”) before a claim may be mediated, and ultimately resolved in arbitration or litigation. The IDM is often the Architect, but can be anybody selected by the parties. In a recent Florida case, the parties in their […]
State of the Construction Industry: Current Trends + What’s to Come
On September 21, our construction team welcomed clients in-person and virtually via livestream for a presentation on the current and forecasted state of the construction industry in Ohio. With more than 50 professionals from the local construction scene in attendance, our attorneys covered all the crucial topics at play in today’s building ecosystem. Don Gregory discussed […]
COVID’s Latest Curveball for the Construction Industry- Project Requirements for Proof of Vaccination for All Onsite Personnel
Nearly 18 months ago as the impacts of COVID were just starting to appear, many in the construction industry were learning for the first time about contractual terms like force majeure and excusable delays. Fortunately in central Ohio, a tsunami of claims between owners and contractors for the additional costs of those delays has yet […]