By Bruce Jervis
We’ve seen it before -- a contract clause that states the parties “may” arbitrate their disputes. A federal appeals court recently addressed a dispute resolution provision that said the parties “shall” submit any dispute to mediation. And, if mediation is unsuccessful, the parties “may” submit the dispute to arbitration.
After unsuccessful mediation of a differing site condition claim, the contractor demanded arbitration. The project owner refused. The contractor attempted to compel arbitration. The appeals court ruled that while mediation was mandatory, arbitration was permissive. The owner did not have to arbitrate with the contractor. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Subcontractor Could Enforce Lien without Suing Prime
- Mediation Was Mandatory, But Arbitration Permissive
By Steve Rizer
Designers will have more flexibility to innovate and facilitate more energy-efficient buildings across America now that the outcome-based provision in the 2015 International Green Construction Code (IgCC) has been approved, but it remains to be seen just how much influence the new provision will have across the industry. ... Read more.
By Steve Rizer
When it comes to building information modeling (BIM) technology, building owners across the United States by and large “are not engaged quite yet,” buildingSMART alliance Executive Director Deke Smith told ConstructionPro Week (CPW). This is one of several interesting comments he made in the wake of a new McGraw Hill survey indicating that while 88 percent of owners in the United Kingdom are formally measuring the impact of BIM, only 18 percent of their U.S. counterparts are doing so. ... Read more.