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Dispute Resolution

Creating a New Identity for Your Construction Company

In order to limit liability and take advantage of untapped markets, construction companies regularly take on a new identity. In some instances, this is as simple as taking on a fresh look, while at other times, the process can be just as complex as creating a business from scratch. In this article, a Nashville construction […]

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Practical Tips for Reducing the Frequency of Conflict on the Project Site

Conflict in the workplace is part of the natural order. Everyone conducts themselves in their own way, and it can be difficult to account for the feelings and opinions of others at all times. Even those who are extremely self-aware can find themselves locked in an argument with a co-worker or supervisor over personal differences […]

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Advice for Construction Firms Involved in a Dispute

Construction disputes can arise for a myriad of reasons. Most stem from the construction contract, including errors, omissions, or a failure to comply with the provisions set forth in the agreement. Some disputes stem from the bid process — others on the jobsite or well after a project is over. Although disputes are inevitable in […]

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An Owner Filed a Claim Against Your Performance Bond. Here’s What You Should Do Next

Performance bonds are commonplace in the construction industry. In fact, the Miller Act mandates that performance bonds be utilized for all federal construction projects valued in excess of $100,000. In addition, many states have laws known as “Little Miller Acts” which dictate mandatory performance bonds on the state level. Accountability is vital in the construction […]

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5 Tips for Keeping Disputes Out of Court

The average cost and length of a North American construction dispute are $16.3 million and 15 months, respectively. It’s no wonder that industry professionals are doing everything in their power to preempt disputes to avoid exorbitant legal fees. In this article, a Portland construction attorney with Cotney Construction Law discusses five tips you can follow […]

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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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