We have blogged in the past about the arbitration vs. litigation debate. One of the issues with arbitration is that arbitrators are not constrained by statutory and case law and a trial that is governed by established rules of evidence. This has led to a perception that arbitration often leads to decisions where the arbitrator … Continue reading
During the unveiling of the HoloLens 2 at the Mobile World Congress on February 24, Microsoft CEO Satya Nadella talked about how the device will allow construction workers to create, view, and interact with holograms that appear as part of the physical world. The HoloLens 2 is an augmented reality headset that Microsoft is developing … Continue reading
According to a report prepared by Governor Roy Cooper, the early damage estimates to North Carolina’s businesses and infrastructure from Hurricane Florence stand at $12.7 billion. The report provides sector-by-sector assessments and discusses available funding sources. Design firms looking to provide services for recovery efforts can access the full report. As noted in the report, … Continue reading
Design firms typically use litigation or arbitration as a dispute resolution mechanism. Although arbitration was initially touted as a more efficient dispute resolution method, but over the years it has become clear that arbitration can be just as complex and costly as litigation. In response to such concerns, the American Arbitration Association (AAA) has introduced … Continue reading
A sudden bridge collapse in the heart of Genoa, Italy killed over 40 people on August 14. The bridge was completed in 1967. The bridge fell 148 feet, taking about three dozen cars and three trucks with it. The bridge was known to have been in deteriorating condition and required constant repair work since its … Continue reading
The Mississippi Board of Professional Engineers and Surveyors (Board) sued Vizaline in September 2017, alleging that Vizaline is offering services that require a surveyors license. Vizaline’s computer program takes the metes and bounds description of property and draws the polygon on a map for banks that need accurate property descriptions. The Board is alleging that … Continue reading
The Bipartisan Budget Act of 2018 extended a number of provisions that had expired at the end of 2016. Among these provisions was Section 179D, Energy Efficient Commercial Building Deduction, now available for newly constructed buildings or building improvements placed in service during 2017. The deduction is available to owners and tenants of commercial properties … Continue reading
Owners are turning to “progressive” design-build for project procurement, a variant of design-build. On a traditional design-build project, a final project price is typically established at the time the design-builder is selected. This often means that the design-builder uses bridging documents and performance requirements the owner has developed independently so that the design-builder can establish … Continue reading
Client-drafted indemnity obligations are often broad and include defense obligations. Often, clients are unwilling to amend indemnity obligations. If a firm wants to protect itself against the possibility of having to defend its client and paying contractual obligations beyond its professional liability insurance coverage for providing professional services, it may be better off adding a … Continue reading
The Trump Administration held a flurry of infrastructure related meetings last week. Lawmakers are still waiting for more details on the $1 trillion infrastructure plan that Trump touted during the campaign. There is uncertainty as to how much actual funding will be allocated to the infrastructure plan, and the President has questioned the role of … Continue reading
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