Although a good contract is excellent protection against disputes, there are times when the decision to litigate is either outside the client’s control, or necessary to address the wrongful, unreasonable, or outrageous conduct of another party. Applicable law may also force your hand. New Hampshire, for example, requires litigation in order to obtain and perfect a contractor’s lien. For these reasons, litigation has always been a substantial part of my practice, and I am experienced in all of its phases, including claims development, discovery, motion practice and trial. Since many of the standard forms for contractors require non-litigation alternatives, my experience also extends to arbitration hearings conducted privately, or through the American Arbitration Association, JAMS and other professional resolution dispute firms.
At times it helps to understand some of the legal concepts that affect the construction industry on a deeper level. I have collected a few articles of interest to share with you. Remember, however, that this is a general resource to assist you in understanding concepts, not legal advice on a specific matter. If you have questions about how these general concepts apply to a particular situation, I strongly urge you to contact your counsel to discuss the particulars of your situation.