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Using Betterment as an Effective Defense for the Design Professional

Design professionals can face claims that far exceed the reasonable cost to remedy when disputes arise concerning claimed damages for defective design, construction work, or materials.


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 . . .