In a recent client conference, I was asked, “So what is arbitration, anyhow?” In the context of a construction claim or in seeking to prevent a construction claim, there are several significant advantages that arbitration can provide in lieu of litigation. In today’s challenging business environment being aware of the various options available could make a significant impact on your business.
We all know what a lien is. Depending on which side of the claim you’re on, a lien could be a good thing or a bad thing. According to Black’s Law Dictionary, the true definition of a lien is “a claim, encumbrance, or charge on property for payment of some debt, obligation or duty”. So, how is a Mechanics Lien any different?
Arbitration is an established alternative to court litigation in construction disputes. Challenging an unfavorable construction arbitration award is so difficult that homeowners may wish to give serious thought before submitting their disputes with contractors to arbitration. Courts give great deference to the decisions of arbitrators, refusing to review arbitration awards even for errors of law or fact. There are few exceptions to this rule, and courts only invoke them in rare circumstances.
Changes are an unavoidable aspect of construction. Although thorough effort and coordination are required in preparing the original project contract, specifications and construction drawings, there will still be changes. This is why owners are provided the right to make changes to the work under a typical contract changes clause.
On October 17th, 2019 John Caravella, a Long Island Construction Attorney, will be speaking at the AIA Contract Document Workshop located in Ronkonkoma, New York. Held and organized by Halfmoon Education Incorporated, the AIA Contract Document Workshop will analyze most common AIA contract documents and ways to use them. Specifically, this seminar will cover the examination of primary AIA Contract documents and General Conditions, learning about supplemental or alternate AIA contract documents, reviewing contract fundamentals, agreements between owner, architect, designer-builder and construction manager and evaluating completed contract documents for sample projects.