tag:blogger.com,1999:blog-4125307686290081452.comments2024-01-05T07:05:38.368-05:00THE DISPUTE RESOLVERPatrick McKnighthttp://www.blogger.com/profile/12983642143576040949noreply@blogger.comBlogger17125tag:blogger.com,1999:blog-4125307686290081452.post-73453793185043765252020-06-21T13:57:38.625-04:002020-06-21T13:57:38.625-04:00I am happy to see the Dispute Resolver revitalized...I am happy to see the Dispute Resolver revitalized and back on track with posting regularly! Keep up the great work, and let me know if there is anything I can do to help.Tony Lehmanhttps://www.blogger.com/profile/05204647806905827474noreply@blogger.comtag:blogger.com,1999:blog-4125307686290081452.post-72162620245933043122019-07-24T08:49:28.699-04:002019-07-24T08:49:28.699-04:00I think if one party has paid its share of Arbitra...I think if one party has paid its share of Arbitrator's Fee and other party has not paid the Arbitrator's Fee but fully participated in the Arbitration Process, the Arbitration Award (with a lien for unpaid portion of Fee) should be released to that party who has paid its share of Arbitrator's Fee. Normally Arbitration Award is made in three originals (One in non-judicial stamp paper for Award File and 2 copies with original signature of the Arbitrator for Claimant and Respondent). The party who has failed to pay its share of Arbitrator's Fee, their copy may be withheld by the Arbitrator or it is the discretion of the Arbitrator to release their copy also as the lien has been mentioned in the Award. P C NAHATAhttps://www.blogger.com/profile/07143278113921644787noreply@blogger.comtag:blogger.com,1999:blog-4125307686290081452.post-266067468492289212015-10-16T08:13:12.589-04:002015-10-16T08:13:12.589-04:00ABA now has a "season pass" that will re...ABA now has a "season pass" that will register you for all upcoming Free CLEs. Check it out: http://shop.americanbar.org/ebus/store/productdetails.aspx?productid=214751900Tom Dunnhttps://www.blogger.com/profile/08544177740547026745noreply@blogger.comtag:blogger.com,1999:blog-4125307686290081452.post-3513036095623424982015-08-03T13:02:11.616-04:002015-08-03T13:02:11.616-04:00I have found that Dispute Review Boards constitute...I have found that Dispute Review Boards constitute an efficient, effective method to resolve disputes in timely manner without the expensive discovery process. Knowledgeable professionals provide recommended resolutions of disputes. It works when both parties want to solve the problem. If one party does not, then DRBs, mediation, etc will not work and litigation is necessary. Lynn B Larsenhttp://www.larsenanalytics.comnoreply@blogger.comtag:blogger.com,1999:blog-4125307686290081452.post-6142528323621326092015-06-02T14:51:10.686-04:002015-06-02T14:51:10.686-04:00Tom -- I believe that the "smaller dispute&qu...Tom -- I believe that the "smaller dispute" arbitration rules that the AAA promulgated last year allow for a default if a party refuses to pay. <br /><br />http://abaconstructionforumdivision1.blogspot.com/2014/06/american-arbitration-association.html<br /><br />See Rule SR-22, discussed near the bottom of that post.Tony Lehmanhttps://www.blogger.com/profile/05204647806905827474noreply@blogger.comtag:blogger.com,1999:blog-4125307686290081452.post-21009123597732401432014-12-11T15:56:01.760-05:002014-12-11T15:56:01.760-05:00I have never done med-arb. I am frankly a skeptic...I have never done med-arb. I am frankly a skeptic of it because I think it severely handicaps both forms of ADR. I am curious to hear other viewpoints on med-arb from Division 1 members. Tom DunnTom Dunnhttps://www.blogger.com/profile/08544177740547026745noreply@blogger.comtag:blogger.com,1999:blog-4125307686290081452.post-83828586801781270952014-10-20T09:47:49.369-04:002014-10-20T09:47:49.369-04:00Brit, there are any number of discovery companies ...Brit, there are any number of discovery companies which provide their own tools & software for review, denisting, etc. Relativity and Concordance are two of the most frequently used platforms.Tony Lehmanhttps://www.blogger.com/profile/05204647806905827474noreply@blogger.comtag:blogger.com,1999:blog-4125307686290081452.post-27488751255910260602014-10-20T09:45:51.971-04:002014-10-20T09:45:51.971-04:00Mark -- thank you for your comment. I will take a ...Mark -- thank you for your comment. I will take a look at the Georgia case as well.Tony Lehmanhttps://www.blogger.com/profile/05204647806905827474noreply@blogger.comtag:blogger.com,1999:blog-4125307686290081452.post-23393851362686214892014-10-01T16:06:11.032-04:002014-10-01T16:06:11.032-04:00Thank for a very well-written summary of this impo...Thank for a very well-written summary of this important case. You may be interested in a decision handed-down last week from the Georgia Supreme Court in which a surety was attempting to sue a state agency. The surety had to complete a prison project pursuant to a performance bond when a roofing company was denied access to the project; when the surety bought suit against the state for the damages resulting from the state's failure to allow access, the state of Georgia claimed that the suit was barred by the Doctrine of Sovereign Immunity. The Georgia Supreme Court ruled in favor of the surety. For a better analysis, please look at our recent blog post at:<br /><br />http://cobblawgroup.net/blog/2014/10/01/waiver-sovereign-immunity-georgia-contract-claims<br />Mark Cobbhttp://cobblawgroup.net/noreply@blogger.comtag:blogger.com,1999:blog-4125307686290081452.post-53525093876846451672014-02-09T10:33:48.127-05:002014-02-09T10:33:48.127-05:00Yahoo. Finally some relief for prime contractors f...Yahoo. Finally some relief for prime contractors from hostage taking. Let the people who take the least responsibility provide some substance to their claims. What a novel concept. Abide by the US Constitution.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4125307686290081452.post-62636960792942072182014-02-03T14:29:00.806-05:002014-02-03T14:29:00.806-05:00Many thanks to Frank Adams, Devan Coughlin, and Ge...Many thanks to Frank Adams, Devan Coughlin, and George Meyer for agreeing to speak at this very interesting lunch related to mediation negotiation tactics.Tony Lehmanhttps://www.blogger.com/profile/05204647806905827474noreply@blogger.comtag:blogger.com,1999:blog-4125307686290081452.post-29345060027733774022013-12-11T21:50:26.846-05:002013-12-11T21:50:26.846-05:00I have not read the opinion in full yet, but the d...I have not read the opinion in full yet, but the description above seems to suggest a pretty logical outcome. The TX statute allowing for a Texas company to void a forum selection clause is certainly interesting. I wonder about federal preemption though. Josh Quinterhttp://www.pennsylvaniaconstructionlawyer.comnoreply@blogger.comtag:blogger.com,1999:blog-4125307686290081452.post-16767778339535141192013-12-03T14:44:56.138-05:002013-12-03T14:44:56.138-05:00ADR is usually a private process that is subject t...ADR is usually a private process that is subject to the control of the parties who are participants. While a consideration of diverse perspectives is helpful to the resolution of any conflict, the parties alone should determine the credentials of the mediator or arbitrators they choose to assist them. Anonymoushttps://www.blogger.com/profile/18428948979537246396noreply@blogger.comtag:blogger.com,1999:blog-4125307686290081452.post-79144604286787059852013-11-21T09:11:36.557-05:002013-11-21T09:11:36.557-05:00Thank you to the folks at Advise & Consult, In...Thank you to the folks at Advise & Consult, Inc. -- whom we hope will become Forum Sponsors -- for republishing this blog post on their own website at http://www.myconstructionexpert.com/blog/arizona-supreme-court-limits-economic-loss-rule-application/.<br /><br />Tony Lehmanhttps://www.blogger.com/profile/05204647806905827474noreply@blogger.comtag:blogger.com,1999:blog-4125307686290081452.post-91872286598944261112013-11-14T18:43:48.676-05:002013-11-14T18:43:48.676-05:00I'll add to Tom's question: if you've...I'll add to Tom's question: if you've been there before, let me know so that we can do something cool and fun as a Division at the meeting!Tony Lehmanhttps://www.blogger.com/profile/05204647806905827474noreply@blogger.comtag:blogger.com,1999:blog-4125307686290081452.post-51193580990102389392013-11-08T09:11:16.188-05:002013-11-08T09:11:16.188-05:00Has anyone been to the Atlantis Resort before? Wh...Has anyone been to the Atlantis Resort before? What should we expect? Ideas for our Thursday night dinner/event?Tom Dunnhttps://www.blogger.com/profile/08544177740547026745noreply@blogger.comtag:blogger.com,1999:blog-4125307686290081452.post-42825848809497269402013-11-06T11:33:22.214-05:002013-11-06T11:33:22.214-05:00It will depend on the case. It certainly would add...It will depend on the case. It certainly would add expense and extend the length of the dispute but it is nice to have a chance for a review. Probably best to make a decision on this one way or the other when drafting contracts as there may not be agreement once the dispute forms. Agreement is necessary to trigger the new rules.Tom Dunnhttps://www.blogger.com/profile/08544177740547026745noreply@blogger.com