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Practice: Construction

JAMS Global Engineering and Construction Group

The JAMS Global Engineering and Construction Group (“GEC”) provides expert mediation, arbitration, appellate arbitration, project neutral, and other ADR services to the U. S. and global construction industry to resolve disputes in a timely and cost effective manner. These specialists also resolve even the most complex matters efficiently utilizing early intervention methods, ranging from structured negotiations, project neutrals, initial decision-making, and mediation, to adjudication, dispute review boards, and mini-trials.

By naming JAMS in your contract documents as your project’s dispute resolver you have access to the most knowledgeable and efficient experts in the industry and can better control your clients overall risk and costs. JAMS offers a wide range of dispute resolution clauses to meet your needs.

Construction Arbitrators, Mediators, and Dispute Resolvers on Complex Projects

JAMS GEC neutrals have an unparalleled depth of experience and knowledge about the construction process. They are also skilled in dispute resolution management. JAMS GEC neutrals serve as mediators, arbitrators, and “rapid resolution” dispute resolvers across the United States and throughout the world in complex disputes and claims related to a wide range of engineering, construction and infrastructure projects – both public and private. These projects include bridges, subways and transportation facilities, roads and highways, casinos, resorts, airports, stadiums and arenas, water and wastewater plants, refineries, pipelines, tunnels, dams, levees, mines, railroads, hospitals and healthcare facilities, courthouses, prisons and jails, manufacturing and distribution facilities, commercial office towers, high-rise condominiums and hotels, municipal projects, university buildings, schools, shopping centers, and a range of energy projects including power plants, and co-generation, electrical transmission, and nuclear facilities.

JAMS GEC neutrals have both subject matter expertise and broad experience in resolving disputes among all construction industry participants, including public and private owners, contractors, subcontractors, specialty contractors, architects, engineers, sureties, insurers, material manufacturers and suppliers, equipment suppliers, lenders, technical consultants, construction accountants, and building code officials.

Cost-Effective and Efficient Managers of Arbitration

Arbitrator expertise and experience that promote prompt understanding and fair resolution of complex construction and infrastructure disputes are some of the paramount reasonsclients have utilized binding arbitration rather than courtroom litigation as the construction industry’s dispute resolution method of choice. JAMS GEC neutrals are some of the most experienced arbitrators in the field. They also are experts in the critical role of providing cost-effective and efficient management of the entire arbitration process – from before the hearing through the issuance of a reasoned award. Such cost-effective management procedures include control of pre-hearing discovery and hearing document admissibility, use of hearing "chess clock" procedures, conduct of joint examinations of opposing expert witnesses, prompt  rulings on dispositive and discovery motions, maintenance of hearing schedules with minimum delays or interruptions, issuance of  reasoned awards in sufficient detail to assure settlement of all issues in dispute, and service as appellate arbitrators to provide prompt binding reviews of awards rendered by others.  

Skilled Mediators

Although there are various reasons why mediations succeed or fail, perhaps the most important ingredient for success is selection of an outstanding mediator. Achieving settlement of complex construction disputes through mediation requires a mediator with expertise, skill, and experience in the mediation process, as well as in the construction industry. Such expertise, skill, and experience allows the mediator, in confidential discussions with individual parties, to develop bases for settlement by assisting the parties’ as requested in their respective evaluations of critical factual and legal issues, and not just serving as a practitioner of mere “shuttle diplomacy”. JAMS GEC neutrals are such mediators.

Appellate Arbitrators

Because the process for judicial confirmation of an arbitration award can be challenging, and because JAMS GEC neutrals are highly regarded by the construction industry and are experts in the field of construction and infrastructure law, members often are requested by parties to review arbitration awards de novobased on the hearing record. Under JAMS Optional Arbitration Appeal Procedures, the appointed panel exercises the same scope of review as an appellate court in the same jurisdiction.

Project Neutrals

The Project Neutral has one client – the project. Before construction begins, owners, contractors, and architects frequently name a Project Neutral in their contracts. As a trained ADR specialist, the Project Neutral becomes part of the project team and follows the design and building process from concept to completion. The Project Neutral offers the benefits of advice on ADR methods most suitable for early resolution of particular disputes, early neutral intervention to resolve brewing controversies by prompt dispute evaluation, and mediation in an informal, cost-effective manner during the overall design and construction process. The Project Neutral accepts the team's trust and can meet with members privately to discuss concerns about keeping the project on time and within budget. The Project Neutral is available on an as-needed basis, not only to mediate disputes as they arise, but also to avoid future litigation by identifying and addressing potential problems before they grow into claims. JAMS GEC neutrals understand the complexity of project financing and the demands of multinational mega-projects with numerous participants. After working for many years with owners, contractors, subcontractors, and design professionals, we can appreciate each of the parties' needs and positions.

Dispute Review Boards

Dispute Review Boards ("DRB") routinely are established at the beginning of many large projects to render non-binding decisions on disputes as they arise during construction of the project. JAMS GEC neutrals serving as DRB members promptly resolve claims and disputes as they arise. With broad engineering, construction, and legal backgrounds, and commitment to ADR work, JAMS GEC neutrals are uniquely qualified to serve on a dispute review board over the lifetime of a project.

Interim Adjudication

Adjudication is an ADR process that resolves claims and disputes during the course of construction by issuance of interim decisions binding only until completion of the project and appealable thereafter. All too often projects get bogged down over payment issues that push construction into a downward spiral. Adjudication keeps the project moving by the early interim resolution of problems - usually within a 30 day period - so that owners and lenders won’t have reason to stop the flow of money. JAMS GEC neutrals serve as adjudicators during the project and others as appellate arbitrators after completion.

Surety Bond Adjudication

JAMS Surety Bond Expedited Dispute Resolution recognizes the unique nature of surety disputes and the necessity of resolving them quickly. The JAMS Dispute Resolution Rules for Surety Bond Disputes provide for adjudicator appointment within three days of filing of a demand. Adjudicators drawn from the JAMS GEC Panel issue a binding decision within 30 days of the adjudication commencement date.

Initial Decision Makers

Under the contract documents of the American Institute of Architects, parties have the option of appointing, in place of the architect, a neutral to be the initial decision maker on claims and disputes between the owner and contractor. Because architects are not trained to decide legal questions such as “breach,” “material breach,” and “just cause” to terminate for default, experienced JAMS GEC neutrals are better at making those initial decisions filled with legal portent. Unless the contract provides otherwise, the initial decision normally can be submitted to mediation and then either to arbitration or litigation for binding resolution.

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P.+44 207 583 9808
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P.415-982-5267
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P.310-392-3044
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P.714-939-1300
F.714-939-8710
P. 702-457-5267
F.702-437-5267
London, United Kingdom
P.+44 207 583 9808
F. +44 207 936 3325
P.202-942-9180
F.202-942-9186
P.206-622-5267
F.206-292-9082
P.206-622-5267
F.206-292-9082
P.202-942-9180
F.202-942-9186
P.916-921-5300
F.916-565-7780
P.714-939-1300
F.714-939-8710
P.310-392-3044
F.310-396-7576
P.714-939-1300
F.714-939-8710
P.617-228-0200
F.617-228-0222
P.202-942-9180
F.202-942-9186
P.212-751-2700
F.212-751-4099
Summer 2016
Feature Articles: "Q&A with Linda Turteltaub, Skanska USA Building;" "A Different Approach to Impasse;" "Cornerstone Award Thank You;" "ADR in Construction Matters under the Regime of German Law"
Download Summer 2016 Newsletter in PDF
April 6, 2016
California Lawyer
Spring 2016
Feature Articles: "Spearin Lite? The Limited Implied Warranty in a Construction Management at Risk Project;" "Arbitrators Confronting Corruption;" "Effective Arbitration Management: Addressing Damages Early"
Download Spring 2016 Newsletter in PDF
Fall 2015
Feature Articles: "Reflections from the ADR Summit;" "Before You Arbitrate Your Construction Case, Test It!;" "Four Tips for Successful Construction Mediation" 
Download Fall 2015 Newsletter in PDF
Summer 2015
Feature Articles: "Construction Lawyering in the U.K. and U.S.: Contrasts and Similarities;" "Dealing with Disputes in the Rio 2016 Olympic Games;" "A Primer on Dispute Resolution Boards;" "Construction Arbitration: Geography Lessons"
Download Summer 2015 Newsletter in PDF
July 8, 2015
Law.com
June 8, 2015
Engineering News-Record
Spring 2015
Feature Articles: "The 39 Steps: Is Your ADR Clause as Frightening as an Alfred Hitchcock Thriller?;" "Settle Now, Argue Later: Expedited Construction Adjudication Is Coming to North America;" "How to Reduce the Peril of "Double Jeopardy" by Consolidation, Joinder and Appellate Arbitration"
Download Spring 2015 Newsletter in PDF
Fall 2014
Feature Articles: "Can the Cost of International Arbitration Be Controlled?" "Sealing the Deal: Critical Issues in the Preparation of Mediated Settlement Agreements;" "Mediation Decision-Makers Need 'Decision-Quality Information' "
Download Fall 2014 Newsletter in PDF
31 ICLR 537, 2014
The International Construction Law Review
September 2014
Under Construction: The Newsletter of the ABA Forum on the Construction Industry
June 9, 2014
Law.com
Spring 2014
Feature Articles: "Timing is Everything: Balance Risk and Opportunity to Decide when to Mediate;" "Critical Issues for Parties to Consider when Selecting an Arbitrator;" "Obtaining Testimony and Documents from Non-Parties in Arbitration"
Download Spring 2014 Newsletter in PDF
May 12, 2014
ENR.com
March 6, 2014
Law.com
Winter 2014
Feature Articles: "Using Attorneys' Fees to Promote a Better Result;" "Using Affidavits in Lieu of Viva Voce Evidence at an Arbitration;" "The Evolution of Expert Witness Law under U.K. and U.S. Jurisdiction;" "ConsensusDocs Lists JAMS as One of Two Named Arbitration Providers"
Download Winter 2014 Newsletter in PDF
30 ICLR 201, 2013
The International Construction Law Review
November 2013
Contemporary Issues in International Arbitration and Mediation: The Fordham Papers – 2012
Fall 2013
Feature Articles: "Q&A with the JAMS Global Engineering and Construction Group," "Engineering Mediations for Success," "Who's in Charge of this Arbitration Anyway?"
Download Fall 2013 Newsletter in PDF
Spring 2013
Feature Articles: "An Arbitrator's Guide to Successfully Resolving eDiscovery Disputes;" "ADR Sanctions;" "Ethics in International Arbitration;" "The 2012 International Arbitration Survey"
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April 2013
Construction Manager, the magazine of the Chartered Institute of Building
Winter 2013
Feature Articles: "Using Integrated Project Delivery to Avoid Construction Conflict and Disputes;" "Admissibility of Nonbinding Written Dispute Board Recommendations;" "Be an Expert with Experts"
Download Winter 2013 Newsletter in PDF
February 2013
Florida Bar Journal
Winter 2013
Journal of the American College of Construction Lawyers
Fall 2012
Energy and Mining Magazine
Fall 2012
Feature Articles: "Construction Mediation: Pick a Mediator with Experience in Dealing with Construction Industry Participants' Differences in OutlookCritical Qualifications for Construction Industry Arbitrators;" "Confidentiality in the Arbitration of Construction Disputes;" "So Far Away from Home, It's No Longer an American Tune: Fee Shifting in Construction Disputes;" "Expedited Arbitration Rules" 
Download Fall 2012 Newsletter in PDF
Spring 2012
Feature Articles: "Must Arbitrators Follow The Law?;" "Critical Qualifications for Construction Industry Arbitrators;" "Assessing the Risks of the Use of Interim and Partial Final Awards;" "Book Review: International Construction Arbitration Handbook;" "The Advantages of a "Civil" Approach to Arbitration in Quebec;" "JAMS Opens New Resolution Centers in Toronto and Miami"
Download Spring 2012 Newsletter in PDF
April 5, 2012
Daily Commercial News
April 4, 2012
Daily Commercial News
Winter 2012
Feature Articles: "Caught between Arbitrators and the Courts: Interim Measures in U.S. International Arbitration;" "Muscular Arbitration;" "Med-Arb: Why Not?;" "If a Frog had Wings: Expectations and Realities of Construction Dispute Resolution"
Download Winter 2012 Newsletter in PDF
Winter 2011
The Procurement Lawyer
Fall 2011
Feature Articles: "Costs in International Construction Arbitration;" "JAMS Goes International - and U.K. Adjudication Comes to the U.S. and JAMS;" "The Collaborative Settlement Process and Its Application in Construction Disputes;" "JAMS International Arrives in Europe;" "Dispute Resolution: Reasons for Construction Disputes"
Download Fall 2011 Newsletter in PDF
Spring 2011
Feature Articles: "Don't Count Courts Out - A View from the Bench;" "Appellate Arbitration: The Wave of the Future;" "How Neutrals Can Provide Early Case Management of Construction Disputes;" "Evaluative Mediation;" "Navigating Through a Construction Project: "California Construction Law"
Download Spring 2011 Newsletter in PDF
Spring 2011
The Construction Lawyer
Winter 2011
Feature Articles: "Success in Claim Resolution and Mediation: The Insurance Component;" "The Future of Construction Arbitration;" "Good Faith in the Negotiation, Performance and Enforcement of Construction Contracts;" "Arbitration & Settlement;" "ADR in Federal Contract Disputes: What Law Applies,"
Download Winter 2011 Newsletter in PDF
January 2011
White Paper
November 22, 2010
National Law Journal
Fall 2010
Feature Articles: "JAMS GEC Offers Rapid Resolution ADR Training;" "Why Construction Mediations Fail: Two Views;" "JAMS Expands in Atlanta and Minneapolis;" "Reviewing Dispute Review Boards;" "Assisted Solutions by Neutrals to Common Project Challenges;" "GEC Neutrals Resolve an Array of Construction Disputes;" "The European Mediation Directive"
Download Fall 2010 Newsletter in PDF
JAMS Global Construction Solutions
Fall 2010
JAMS Global Construction Newsletter
September 2010
Contract Management
July 2010
International Construction Law Review
March 12, 2010
Daily Journal