In construction projects, experienced owners, contractors, or designers know that disputes will almost invariably arise — even when the parties have the best of intentions. And they understand that detailed contract provisions to resolve those disputes can have major benefits if they are properly drafted to suit the project, parties, and types of dispute most likely to occur. In my latest article for the Daily Journal of Commerce, I look at how concepts like mediation, arbitration, and attorney fee shifting — firmly established in the world of construction and design contracting and contained in almost every form contract — can be reimagined in small ways for use in those documents to save the parties time and resources during the course of the project. Read the full article here.
Originally published as “Reimagining the dispute resolution provision in contracts” on December 19, 2018, by the Daily Journal of Commerce.