Claim Resolution

The Creative-But-High Standard of “Alternative” Claims in Construction Disputes

by David R. Cook Jr.
October 2, 2012February 14, 2022

Sometimes construction claimants and their attorneys need to think outside the box in their efforts to recover payment for work. There are many situations in which claimants adequately prove they are entitled to recover, but for one reason or another they are not made whole. For instance, the counterparty may become insolvent or dissolved, or a mere breach-of-contract action is inadequate to recover for all losses. In these situations, claimants must find alternative claims for recovery and other pockets from which to recover. Read More »The Creative-But-High Standard of “Alternative” Claims in Construction Disputes

Fast Track Arbitration as a Vehicle for Resolving Small Claims

by David R. Cook Jr.
April 21, 2012

Many contractors and subcontractors fear the unpredictable costs of litigating their claims. This is especially the case if the claim is small. In some instances, the uncertainty of legal fees and consultant costs can cause them to forego asserting their claims altogether. They may not realize, however, that if their contract incorporates the AAA Construction Industry Arbitration Rules (“AAA Rules”), they may have an arbitration provision that promotes prompt and cost-efficient claims resolution.

Depending on the characteristics of a claim, the AAA ConsRead More »Fast Track Arbitration as a Vehicle for Resolving Small Claims