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Tag: Construction

Who Needs to be Present at a Construction Mediation?

{6 minutes to read} This is the first of several blog posts on who needs to be present at a mediation for it to proceed smoothly. A resolution may not be reached even with all the proper players present. But without them, there is no chance. This blog will address construction cases. 

New Home Construction framing

Construction cases come in all sizes. They can arise from putting in a new bathroom to constructing a hundred-story skyscraper. And everything in between. Even small jobs may involve an architect, a GC, and a sub or two. For example, that new bathroom may require electrical work that is done by an electrician who is not an employee of the GC. If there is an electrical issue post-construction, does the electrician need to be present at the mediation? Probably, but has the electrician been sued? Of course, a mediation can be held without starting a lawsuit, which can be extremely useful assuming everyone agrees to participate. Maybe the homeowner and GC can work something out between themselves. In a small job, that’s often possible.

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Can Mediation Turn Back the Clock? – Construction

In my last blog, I addressed mediation turning the clock back and focused on divorce matters. What about other types of disputes?

Reverse clock with wooden frame isolated on white background

Several months ago, I mediated a case involving an upscale medical practice in a very upscale Manhattan coop building. Like most medical offices in such buildings, it was on the ground floor and had suffered from some flooding that the practice believed was the fault of some actions taken by the coop. The case was actually on appeal before the 2d Circuit so one side had already prevailed at the District Court. However, the mediation brought the two sides together for discussions that never would have happened had the parties simply moved ahead with the appeal. It turned out that both sides really wanted to figure out a way to live together since, in fact, they were going to regardless of who prevailed on appeal. Neither the building nor the medical office was going anywhere soon. 

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Let’s Sue the Bastards!

Image of man hitting his thumb instead of nail

{3 minutes to read}  One of the brighter aspects of economic activity in New York during the Covid pandemic was the ongoing construction activity that took place.  While buildings remained empty and ground floor retail spaces were withering from the lack of business, construction sites always seemed to be buzzing with activity.  Once the need for masks and social distancing was figured out, construction work began opening up much sooner than other businesses.  Of course, large construction projects are years in the making and financing is not contingent on last month’s revenues.  

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Mediation as a Guiding Principle for Change Orders

Mediation as a Guiding Principle for Change Orders by Gary Shaffer

{3 minutes to read}  My last blog addressed using a contract provision requiring notice, discovery, and mediation as a way to quickly resolve disputes that can arise in almost any business arrangement. In this blog, I will address the use of mediation as a guiding principle when dealing with change orders in construction projects.

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About Us

An honors graduate of Harvard University and the Cardozo Law School of Yeshiva University, where he also served on the Law Review, Gary brings more than 30 years of litigation and negotiation experience to his practice as a mediator. He has successfully negotiated and mediated resolutions in family matters, employment cases, commercial disputes, personal injury cases, and major civil rights matters.

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Phone :- 347.314.2163
Email :- gary@shaffermediation.com