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Contracts commonly provide for a specific state law to apply (choice of law) or for disputes to be litigated or arbitrated in another state (forum selection). Unfortunately, out-of-state contractors often make subcontracts with New York subcontractors on New York projects subject to the laws of, and requiring disputes to be resolved in, other states, using the added expense and inconvenience as a means to dissuade subcontractors from pursuing claims. #contractors #arbitration #claims

Contracts commonly provide for a specific state law to apply (choice of law) or for disputes to be litigated or arbitrated in another state (forum selection). Unfortunately, out-of-state contractors often make subcontracts with New York subcontractors on New York projects subject to the laws of, and requiring disputes to be resolved in, other states, using the added expense and inconvenience as a means to dissuade subcontractors from pursuing claims. #contractors #arbitration #claims

Explore our latest article on a landmark Ontario Superior Court decision surrounding arbitration agreements and unforeseeable ground conditions in construction projects. Understand the court’s stance on dispute resolution processes, contract interpretation, and the implications for managing unforeseen challenges effectively. Dive into these crucial insights to enhance your legal strategies in construction law: https://lnkd.in/gFs5eQqa

General Business Law Section 756 (and the sections that follow it), commonly known as the Prompt Payment Act, establish requirements for how soon a construction contractor or subcontractor must be paid and allow expedited arbitration in the event that prompt payment is not made for qualifying projects. #payment #construction #arbitration

🏗️ We are excited to launch our next article series exploring the use of adjudication to resolve construction disputes. 🔨 In our first article, we introduce the basics of adjudication and the types of disputes can be adjudicated. #adjudication #constructionlaw

General Business Law Section 756 (and the sections that follow it), commonly known as the Prompt Payment Act, establish requirements for how soon a construction contractor or subcontractor must be paid and allow expedited arbitration in the event that prompt payment is not made for qualifying projects. #payment #construction #arbitration

Most parties play by the rules in high-stakes construction arbitration. Others wield guerrilla tactics to gain an edge. The most invidious guerilla tactics take otherwise permissible conduct but turn it into an abuse of the fairness inherent in the arbitral process. This can include: (1) Withholding Payment of Costs: A party may deliberately refuse to pay their share of arbitration costs to force the other party to bear the burden (2) Excessive Document Requests/Production: Submitting overly broad or irrelevant document requests to overwhelm the opposing party and the tribunal or producing excessive documents that are not relevant to burden the other side (3) Changing Counsel: Switching legal representation during the arbitration to create conflicts of interest with the tribunal or disrupt/delay the proceedings (4) Frivolous challenges: Raising baseless challenges to members of the tribunal on the grounds of conflict or bias, especially when close to a hearing (5) Technical Jurisdictional Challenges: Filing complex jurisdictional challenges based on technicalities, even if the challenge lacks any merit (6) Strategic Delay Tactics: Continuously requesting lengthy extensions for submissions or trying to postpone hearings to frustrate directed timelines (7) “Fresh” Witness Evidence: Introducing substantial critical evidence at a hearing through a witness or questioning them based on a large volume of documents that were never previously in the record Spotting these guerrilla tactics is the first step toward maintaining the integrity of the construction arbitration process. ____ If you want more of these insights sign up for my new newsletter: https://lnkd.in/g_mQDNGB ____

Following on from our recent arbitration series, is our new series on adjudication under the Construction Contracts Act. We've been seeing an uptick in adjudications recently, so it's timely to reflect on the adjudication process, its benefits and potential uses. In the first article of our series, we comment on some of the basics: what adjudication is, when to use it and why. In future installments we'll track through the adjudication process, and comment on where we see the future of adjudications.

Arbitration for construction disputes may be a game-changer in project advancement amid disputes. Litigation is costly and time-consuming, with construction cases taking longer and costing more due to the volume of documents involved. As an alternative, arbitration offers both time and cost savings, while also reducing delays so projects can continue. Arbitration is not perfect, with downsides such as limited appeal options and reduced discovery. Parties considering arbitration should evaluate individual project factors and preferences to make an informed choice between arbitration and litigation in construction disputes. JTE Claims Consultants Ltd. provides a wide range of services to the Canadian construction industry, including construction claims consulting services and commercial advisory and project control services. Visit https://lnkd.in/g43aR6r to learn more. #ConstructionLaw #ArbitrationVsLitigation #DisputeResolution https://ow.ly/68oN50Qw3io

Arbitration for construction disputes may be a game-changer in project advancement amid disputes. Litigation is costly and time-consuming, with construction cases taking longer and costing more due to the volume of documents involved. As an alternative, arbitration offers both time and cost savings, while also reducing delays so projects can continue. Arbitration is not perfect, with downsides such as limited appeal options and reduced discovery. Parties considering arbitration should evaluate individual project factors and preferences to make an informed choice between arbitration and litigation in construction disputes. JTE Claims Consultants Ltd. provides a wide range of services to the Canadian construction industry, including construction claims consulting services and commercial advisory and project control services. Visit https://lnkd.in/gJW8uR4 to learn more. #ConstructionLaw #ArbitrationVsLitigation #DisputeResolution https://ow.ly/68oN50Qw3io