This 25-page Executive Report written for contractors, owners, and their attorneys covers the unique issues in construction litigation from the first emergence of a dispute to the different methods of resolution. Leading construction lawyers describe the most common disputes in the industry and cost-effective alternatives to litigation. This Exe... more »cutive Report provides valuable advice on the appropriate time to seek counsel and the preparatory steps that are necessary to prevent a dispute from occurring in the first place. Once a potential dispute is identified, attorneys and their clients are encouraged to defuse it and then advised on how to seek early resolution if it has reached a point where that is no longer possible. The practice of construction litigation becomes an art as creative ways to present a case in litigation are identified. Overall, attorneys and clients are taught to always take the high road and let the facts preside. Other topics include how to assemble and determine the relevant facts; construction contracts; types of construction disputes; how to choose a dispute resolution process; arbitration versus litigation; what happens when damages are sought and how much to seek; when to settle; risk management; the timing of a dispute; the importance of determining where the case will be tried and who will be deciding it; mediation; how to identify the warning signs of a difficult or frivolous case; financial exposure of a company; and how to prove negligence. Executive Reports offer focused, hard-hitting advice from the leaders of some of America's top companies, packaged in a concise, readable format. Each report provides readers with 3 to 5 strategies that will have a direct financial impact on their business. While not meant as a comprehensive guide, each report includes quick-hit items that can immediately impact specific business strategies. Executive authors drill down to the central issues surrounding each topic area and dispense expert advice in concise, direct language. Executive Reports feature leading professionals selected by the Aspatore Editorial Board based on their experience, research, and standing within the professional community. This Executive Report is written by: Susan Linden McGreevy, Chair, Construction Practice Group, Husch Eppenberger LLC - "Determining a Strategy to Defend a Client" Charles B. Lewis, Head, Construction Practice Group, Jenkens & Gilchrist LLP - "Defense Strategies in Construction Litigation" Michael K. Wilson, Chair, Construction Law & Litigation Group, Broad and Cassel - "Overcoming Construction Litigation" Robert A. King, Construction Industry Group Practice Leader, Reed Smith LLP - "Dispute Resolution" David M. Hayes, Member, Clark Hill PLC - "Arbitration vs. Litigation" William J. Peters, Head, Construction Practice Group, Gordon & Rees LLP - "Overcoming Contract Disputes in Construction Litigation"

ISBN-13: 9781596223523
ISBN-10: 1596223529
Publication Date: 10/31/2005
Pages: 25
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Publisher: Aspatore Books
Book Type: Spiral-bound
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