Our Top 10 Construction Terms series identifies and discusses the key construction contract provisions that affect risk allocation among the project participants.Indemnification Part 1 described the various sources of a…
For the past 18 months or so, I have been studying and trying to implement in my mediation practice, techniques from a “discipline” called Narrative Mediation. Narrative Mediation is not…
Planning for dramatic price changes was a significant problem before the Trump administration imposed tariffs on steel and other products used in construction. The question has come to the fore…
In my mediation practice I have found that cases are much more likely to settle when the parties approach the process collaboratively. For many advocates, their role in the opening…
Any article on winning must start by defining the term. Unlike most of what we do as litigators, mediation never results in an absolute “win.” Some settlements feel more like…
Dueling Statutes As we first described before the federal statute was enacted, the owner of a trade secret in North Carolina now enjoys the protection of both the Federal Defend…