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Dispute Resolution

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Helpful Phrases for Diffusing Volatile Situations on the Project Site

When things go wrong on the project site, tempers flare, resulting in harsh words and regrettable actions. It’s a natural part of an industry that subjects its workers to long hours of physical labor, but it’s something that must be avoided at all costs to keep projects chugging along smoothly. You can’t avoid conflict altogether, […]

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5 Tips for Negotiating Superior Contracts

There is arguably no greater measure of a project’s potential for success than the contract it is built upon. Superior contracts yield superior results, a well-worn truth that simply cannot be ignored, and it is for this reason that many contractors partner with an attorney who is well-versed in the nuances of construction law before […]

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Why Mediation Should Be Used For Your First Attempt at Resolving a Dispute

Every year, contractors all across the United States find themselves forced into dealing with unscrupulous owners that refuse to engage in professional conduct. After all, once you sign a contract, you’re responsible for meeting your contractual obligations, even if the owner makes doing so an utter nightmare. When the contractor-owner relationship isn’t strong, disputes are […]

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Should I Resolve My Dispute By Arbitration? Part 2

Hopefully, you don’t find yourself entangled in a dispute, but when you do, you may have to decide between pursuing a lawsuit or alternative dispute resolution (ADR) services, depending on the clauses within your contract. Construction firms need to understand the pros and cons of each of these legal processes.  In this two-part article, the […]

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Should I Resolve My Dispute By Arbitration? Part 1

In a perfect world, construction firms could go about their business as usual without having to be worried about contract disputes, payment disputes, or defective work or product claims. However, these are all common issues that construction firms face, and resolving these issues isn’t always as easy as perfecting a lien or sending a strongly […]

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What Percentage of Legal Disputes Actually Go to Trial?

Disputes are all too common in the construction industry. Among the most common causes of a dispute is withheld payments. Nothing can make tempers flare quite like an owner refusing to pay a contractor what they are owed. When an owner refuses to abide by the payment terms of the contract, contractors are often left […]

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The Pros and Cons of Mediation

Mediation is a form of alternative dispute resolution (ADR) that can be used to settle disputes outside a court of law. There are many pros and cons to mediation, but it’s definitely an option that contractors should consider before diving head first into a months-long courtroom battle. When you partner with a Tallahassee construction mediation […]

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When Is the “Right” Time to Call a Construction Lawyer?

Disputes are common in the construction industry, and their effects can be debilitating for businesses of all sizes. This is because disputes must typically be resolved quickly, otherwise work will stall, projects will fall behind schedule, and operational costs will start to feed on your profits. It’s not a situation any contractor wants to find […]

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Disputes and Lawsuits: When Does it Make Sense to File?

All too often, our Portland contractor lawyers hear stories of contractors that were denied payment but never took legal action because they feared that the cost of legal fees would undo any headway made on a payment dispute. While this is a reasonable assumption, depending on which law firm you choose to work with, your […]

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Can You Afford a $19 Million Dispute?

The Eighth Annual Arcadis Global Construction Disputes Report 2018 revealed a shocking statistic related to construction disputes that should put all contractors on high alert: the average cost of construction disputes in North America was $19 million. Even more shocking is the fact that this figure was actually an improvement over past years. The cost […]

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