Arbitration and Dispute Resolution Clauses
Arbitration is a dispute resolution process that is the most similar to the traditional litigation process held in our Texas Court System. In arbitration, parties pay a fee to have a case heard by an impartial third party, who has full authority to make a final and binding decision regarding the dispute.
The Big L Word: Litigation
Litigation is a dispute resolution process in which parties seek a resolution to be determined by a trier of fact, i.e., a judge or a jury. Parties enter the litigation process by filing a petition in a court of competent jurisdiction, which means you will file the petition in the court that best applies to the matter of the dispute.
The Facts About Mediation
Mediation is a dispute resolution system designed to assist parties in amicably settling the underlying dispute. This process can be entered into by parties in conflict both before and during the litigation process. In fact, mediation has been so successful in assisting parties with mutually settling disputes that most courts require the completion of mediation prior to going into trial.
Understanding Dispute Resolutions
First off, what do we mean by dispute resolution? Dispute resolution is a term that refers to a number of processes that can be used to resolve a conflict, dispute, or claim between parties, including litigation, mediation, arbitration, and negotiation, or informal dispute resolution. Problems and differences in construction and business are going to happen; it’s how you handle them and how you protect yourself on the front end that can make a world of difference!
Plan, Prepare, and Respond to Coronavirus!
The Cromeens Law Firm is here to help you with any questions you may have about your business during the Coronavirus crisis. During this Coronavirus crisis, many of us, as well as our country’s leaders and medical professionals, have more questions than answers, and in return, many of our clients are concerned about how this […]
Payment Terms: Contingent Payment Clauses
One of the essential sections of any subcontract is the section containing the payment terms; after all, we all want to get paid, right? Payment terms, and the contingent payment clause specifically, is an area where we commonly see subcontractors get taken advantage of. Often, general contractors rely on these payment terms to protect themselves […]
Payment Applications
When and how you will be paid is an essential part of a subcontract. When are your pay applications due? What else needs to be turned in with your pay application? When should you expect payment? These are all issues that should be addressed in the subcontract. In this blog, we will discuss in detail […]
Scope of Work Gone Wrong: The Ramifications
As anyone in the construction industry knows, a construction project never goes according to plan. Unfortunately, there are just too many things that can go wrong. Between weather delays, change orders, and, inevitably, lawsuits, there will always be something that goes awry. Owners or general contractors who provide a scope of work to subcontractors must ensure they provide the most accurate list of work possible.
Understanding Commercial General Liability Policies
Every player in the construction game should be aware of the risks and take the proper precautions. That’s especially true when it comes to business insurance coverage. It is not enough to simply call up a business insurance agent and purchase the first policy offered. You have to carefully review the type of insurance policy—and ask as many questions as possible.
Construction Risk Management Basics
General Contractors, subcontractors, and project owners all need an effective risk management approach; it should be a priority for every project. Without a thorough review of the commercial general liability policy language, you may find yourself facing unanticipated exclusions from coverage.