Articles on Construction Litigation Assistance

There is an ongoing debate as to whether or not it is advisable to use experts in mediation. In many cases that go to mediation, the issues in dispute are often relatively simple, strictly fact-based, and do not require damage calculations. In such cases, experts are often not required. This is generally not the case in the engineering and construction industry. Issues and disputes that occur during construction projects are typically not black and white issues. Using experts in these... [Full Article] [Article PDF]

"I'll see you in court!" Those volatile words are not uncommon when conflicts arise on a construction project. But nobody really wants to be in court. There is an alternative - mediation. Construction projects require contractual interdependence between many parties and frequently the complexity and nature of those relationships lead to conflict. Construction disputes are usually intricate and when they are not resolved, they commonly escalate to legal action involving arbitration or... [Full Article]  [Article PDF]

 

Negotiation is a process for satisfying needs. People negotiate daily in various situations. Individuals negotiate with others for everything from the cost of a car to the choice of restaurant for dinner. Negotiation is a form of cooperation and leads to compromises acceptable to both sides, bringing business projects to fruition. Many individuals become particularly skilled in negotiation through their life experiences. Others study the traits and techniques of successful negotiators... [Full Article]

 

Communicating Effectively Few things are as important as the ability to communicate effectively, particularly in construction claim negotiations and litigation. Disputes in the construction arena often involve technical information and damages, especially if indirect damages are incurred, such as productivity losses or delay costs. The party who incurred the damages needs to be able to communicate to the other side why the damages were incurred and the impact certain events had on... [Full Article]