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Recent Practice Points

Should I Skip an Opening/Joint Session in a Construction Mediation?

By Brian Gaudet – March 30, 2021 | Mediation is a dispute resolution process that involves people who have feelings, goals, and marching orders. It is not simply an emotionless calculator for determining a monetary settlement.

Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution

By Brian Gaudet – March 30, 2021 | An alternative to traditional alternative dispute resolution called med-arb, a combination of mediation and arbitration, should be strongly considered in small and uncomplicated cases.

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Recent Articles

A Year in Review: The Impact of COVID-19 on the Construction Industry

By Adrian K. Felix and Lindsay Levin – September 23, 2021 | An industry review by Turner & Townsend found that 83 percent of the projects surveyed had experienced pauses or temporary site closures due to COVID-19, and 72 percent reported decreased productivity compared with pre-pandemic levels.

Factoring Receivables in Construction

By Brian R. Gaudet – September 23, 2021 |When one party factors, or assigns to a third party, its accounts receivables, a simple payment dispute on a construction project can become more complex.

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Sound Advice Podcasts

USSC Decision Suggests Any State Rule Requiring Clear and Unambigous Waiver of Jury Trial in Arbitration Provision May Be Pre-empted by the FAA

By Jeanne Schubert Barnum | The recent USSC decision in Kindred Nursing holds that invalidation of any arbitration provision in a contract, if it does not include a clear and unambiguous waiver of trial by jury, is inherently hostile to arbitration and therefore pre-empted by the Federal Arbitration Act.

Basic Tips for Witness Preparation for Successful Deposition Testimony

By Ronald Williams | A well-prepared witness is the key to a successful deposition. Here is a helpful guide for making sure your witness knows the law, understands the rules of engagement and is ready to provide measured, accurate responses.

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Construction Litigation

Learn how to get involved with the Construction Litigation committee and maximize your Section membership!