DRBs help bring projects in on time and on budget

Dispute resolution boards (DRBs)—sometimes also referred to as dispute review boards—have been shown to significantly reduce claims and disputes on construction projects, resulting in greater cost savings for all of the stakeholders. A DRB is a panel of impartial, specifically-trained professionals formed at the beginning of a project that encourages resolution of disputes at the... Continue Reading →

Arbitration vs. litigation: the endless debate

The Schinnerer professional liability program strongly supports alternative forms of dispute resolution. One method that aims to reduce the cost and time of a dispute is the use of arbitration. The arbitration of claims, however, is not always in the best interest of design professionals. In litigation, judges’ decisions are constrained by statutory and case... Continue Reading →

Updated AAA construction arbitration rules went into effect on July 1

Many contracts for design and construction projects reference the American Arbitration Association’s (AAA) arbitration and mediation rules. Although no longer mandated in AIA and EJCDC contract forms, the AAA system often is seen as the default methodology to avoiding litigation. The newly updated AAA Construction Industry Arbitration Rules and Mediation Procedures include more than a... Continue Reading →

Considering organizations for your arbitration

Under the CNA policy, professional service firms can, in a contract, agree to arbitrate any disputes. The decision, however, cannot be unilateral if a claim is in existence—at that point the CNA claims specialist has to approve the procedure. But even if policyholders can select arbitration, should they? And in what form? The reasons to... Continue Reading →

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