Litigation Law, Mediation Law and Arbitration Law

Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.

Building information modeling, artificial intelligence, project management software, digital platforms and robotics have improved efficiency and precision in design, construction and claims management. At the same time, workforce shortages, skills gaps, supply chain disruptions, price volatility, regulatory delays and geopolitical uncertainty continue to make claims and disputes a fact of life in the construction industry.

In this episode of the JAMS podcast, JAMS neutrals (Hon.) Nancy Holtz (Ret.), Stacy La Scala, Esq. and Philip Bruner, Esq. discuss how parties and counsel can make construction mediations more effective by focusing on preparation, communication and problem-solving long before the mediation session begins