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Category: Construction Law

Guided Choice Mediation – An Approach to Controlling the High Cost of Arbitration and Litigation

1/30/2018 | Articles & Alerts, Construction Law

WHAT IS GUIDED CHOICE MEDIATION?             Paul M. Lurie, Esquire, a partner in the Chicago office of Schiff Hardin, has lectured and written extensively on the topic of Guided Choice Mediation, giving a name, form, and substance to what was once an amorphous process. Where Guided Choice Mediation is utilized, the parties agree on the selection of a mediator whose role it is to assist them, in the early stages of a dispute, in achieving a timely resolution of that […]

Related Practices: Construction Law

Limitation of Liability Clauses Can Offer Effective Protection for Design Professionals and Parties to Construction Contracts

11/30/2017 | Articles & Alerts, Construction Blog, Construction Law

It is not uncommon for design professionals to negotiate limitation of liability clauses in their professional services contracts. These clauses typically limit the damages recoverable from the design professional, either under breach of contract, warranty, or negligence claims to a capped amount. Courts are routinely asked to enforce such provisions when, as a result of the negligence of mistake of a design professional, another party sustains damages. A recent 2017 case in Colorado, Taylor Morrison v Terracon Consultants points out […]

Related Practices: Construction Law, Construction Claims and Litigation, Project Consulting and Contract Preparation