Construction disputes are uniquely complex, often involving overlapping
contractual obligations, statutory claims and insurance coverage issues that can
derail projects and strain business relationships. They pose challenges for
mediators as well as counsel. This practical skills program will focus on
effective mediation techniques for neutrals as well as strategies for counsel in
resolving construction matters in Massachusetts. The program will emphasize the
most common issues and obstacles faced by mediators, attorneys, contractors,
developers and insurers.
Topics will include mediations involving:
- Multi-party claims
- Coverage and risk allocation issues, including
indemnity provisions, additional insured disputes, multiple-policy scenarios
and resulting damage claims
- M.G.L. c. 142A claims
- Private mechanics’ liens
- Contractual claims processes and notice requirements
- Public payment and performance bonds
- Construction site bodily injury and property damage
claims
- Statute of repose issues and liquidated damages
- Prompt Pay Act and Retainage Act disputes
Attendees will gain insight into key leverage points, common mediation
pitfalls, and best practices for mediators and counsel in positioning cases for
early and efficient resolution.
A networking reception will follow immediately after the
program.
This program will be held in person at the Massachusetts Bar Association
Offices, 20 West Street, Boston. An online attendance option will also be
available for those unable to join in person. Registration is required
by Tuesday, May 5, at 10 a.m.