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Embracing Change While Mitigating Risk to Overcome the Skilled Labor Shortage in the Construction Industry

The growth of the construction industry has led to a skilled labor shortage which may increase the risk of claims to all parties involved in construction projects.


What a Mess! Best Practices for A/E Firms to Address the Explosion of Project Data

Proactively implementing data handling technology and policies on managing information can save A/E firms time and expense in the long run when dealing with potential claims and/or lawsuits.


What Should Design Professionals Do When a Client Refuses to Pay?

Payment for services is one of the main concerns of any Design Professional engaged in private practice. In order to avoid this problem, a couple of simple practice tips should be incorporated.


Why Mediations Fail

Mediations provide that moment in time which is part of – yet removed from – the litigation process. They allow attorneys to advance positions to their adversaries . . .


Taking Control of ESI in Arbitration

When I was a younger lawyer, I would often hear the adage: “Parties who are in litigation wish they were in Arbitration and parties who are in Arbitration wish they were in litigation”.


Demonstrating Strength by Acknowledging Weakness in Mediation

. . . None of us will readily acknowledge our weaknesses, particularly in a public setting. This trait is especially pronounced and amplified in attorneys advancing the cause of a client . . .


Construction Defect Claims: A Mediator's Perspective

Construction defect claims often evolve into one of the most complex, expensive, unwieldy and exasperating types of litigation. Numerous parties, extensive documentation, never-ending depositions. . .

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