Construction Dispute Resolution: Leading Lawyers on Understanding the Benefits of ADR, Educating the Client, and Navigating the Effects of the Economic Downturn (Inside the Minds)
Publisher: Thomson West (November 1, 2009)
Format: PDF / Kindle / ePub
Size: 9.4 MB
Downloadable formats: PDF
Construction Dispute Resolution is an authoritative, insider's perspective on key strategies for representing and advising clients involved in construction disputes. Featuring partners from some of the nation's leading law firms, these experts guide the reader through the types of construction disputes that are seen most frequently and the options available for resolving these disputes. These top lawyers offer tips on how to decide between litigation or ADR through conducting the initial client interview, investigating the nature of the dispute, and completing a thorough financial analysis. From discussing recent trends in construction disputes to understanding the effects of the economic downturn, these authors describe the current construction law environment. Additionally, these leaders reveal their strategies for avoiding construction disputes by identifying warning signs, reviewing the construction contract, and advising the client. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving field.
Inside the Minds provides readers with proven business intelligence from C-Level executives and lawyers (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies and firms nationwide. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is heading and the most important issues for the future. Each author has been selected based upon their experience and C-level standing within the professional community.
1. John E. Clark, Member, Epstein Becker & Green PC - "Litigation, Arbitration, and Mediation of Construction Disputes: Alternate Methods, Alternate Approaches"
2. J. Kevin Bridston, Practice Group Manager, Construction and Real Estate Litigation, Holland & Hart LLP - "Managing the Construction Dispute Resolution Process"
3. James E. Spurr, Principal, Miller, Canfield, Paddock and Stone PLC - "The Fundamentals of Construction Law"
4. Kelsey Kornick Funes, Partner, Phelps Dunbar LLP - "The Lawyer's Role in Resolving Construction Law Disputes"
5. James T. Williams, Member, Miller & Martin PLLC - "Utilizing ADR Strategies in Resolving Construction Industry Disputes"
6. Jeremy P. Brummond, Member, Lewis, Rice & Fingersh LC - "The Economic Downturn's Effect on Construction Litigation: Construction Dispute Resolution in the Aftermath"
7. R. Harper Heckman, Member, Nexsen Pruet PLLC - "Successful Settlement Strategies"
8. Sarah B. Biser, Partner and Robert A Rubin, Special Counsel, McCarter & English LLP - "Advising Construction Dispute Clients: Key Issues and Strategies"
Appendix A: Jury Awards Comparison Percentage
Appendix B: Jury Award Evaluation by Arbitrators and Jurors
Appendix C: Overview of Michigan Construction Lien Act
Appendix D: List of 17 Common Miscellaneous Provisions to Standard Construction Contract Agreement
Appendix E: AIA Contract Document A201-2007
Appendix F: Burns v. Black & Veatch Architects, Inc., 854 S.W.2d 450, 454-455 (Mo. App. W.D. 1993) ( Burns )
Appendix G: Manocare Health Services, Inc. v. Osmose Wood Preserving, 764 A.2d 475 (Sup. Ct. N.J. 2001) ( Manocare )