mediation Archive

5 Tips for Minimizing the Risk of a Problem Project

“Any Construction Project Is a Problem in Progress” What separates successful owners, contractors and subcontractors from the unsuccessful ones is the ability to effectively manage problems. Through the effective management of problems with good people, problems can be resolved without deteriorating into serious disputes, or if disputes occur, they can be more timely and inexpensively […]

5 Things I Learned in 2015

While I have been practicing construction law for 33 years, I subscribe to the theory that One is never too old to learn.” Here is my personal list of lessons learned in 2015: 1. Lawyers Need To Spend More Time On Damages. On a traditional complicated construction claim it is not unusual to spend 90% […]

Cost Controls + Alternatives to Litigation

When faced with litigation, whether pursuing a contractor or owner that failed to pay you, or whether you are being pursued for payment, there are many options available which may help reduce time, expenses and delays associated with traditional litigation. Here are four to consider: 1. Mediation Mediation is a non-binding settlement negotiation conduced with […]

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

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 […]