As most construction industry participants know, a termination for default can be a high-risk proposition for both sides. It very often ends in a lose-lose outcome. Almost always, there are some significant disputed change orders, or extended delay issues, or [...]
THE STORMWATER PROBLEM As demonstrated by the severe flooding in the Northeast U.S. this past month, the problems associated with increased storm intensity, undersized systems, and deteriorating infrastructure are rapidly intersecting in a perfect storm. I was stunned to see [...]
The development of complex infrastructure projects very often requires very complex agreements. These projects tend to have implementation periods that can continue for many decades. This makes it challenging to completely identify every possible eventuality or future conditions in the [...]
A recent article in The VIRGINIA LAWYER MAGAZINE (April 2021), is entitled "Going Off The Rails with the Purple Line: Lessons in Project Delivery and Risk Management". The authors Jeff Gilmore, John Neary and Daniel Miktus, give a concise summary of [...]
In order to begin in earnest, the much needed renewal of America’s water, transportation and energy infrastructure, the Federal Government needs to double down further on its efforts to streamline its Environmental Permitting Process. Title 41 of the Fixing America’s Surface Transportation Act [...]
Mediation ranks high among the alternative dispute resolution mechanisms used for conflicts on infrastructure mega-projects. I wrote earlier about the important activities during pre-mediation phase: Lessons Learned in Mediation – Preparation in the Age of Zoom. Developing and implementing best [...]
The principles of mediation could play a much greater role in the decision-making for planning and implementing investments in improving our cities’ infrastructure. Capital projects involving urban redevelopment, transportation, water and energy require a great deal of political will, [...]
In one way or another, nearly everyone in our country has been hurt at least financially and emotionally, if not physically, by the impacts of COVID 19. CCCs have resulted from: Landlords have not been paid lease payments; tenants [...]
Preparation is the key to success in any mediation, as it is in most of life endeavors. In this time of virtual mediation and "zooming" to settle disputes, the preparation phase is even more critical than normal times. The first [...]
If mediation had been considered a method for resolving litigation in the 1800's, as it is by most courts today, Abe Lincoln would have likely been a big proponent. Lincoln’s “Notes on the Practice of Law” written in 1850 (fn-1) [...]
