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25 Constr. Litig. 1 (2017)

handle is hein.aba/cstrul0025 and id is 1 raw text is: 











Spring   2017,  Vol. 25 No.  1

TABLE   OF CONTENTS


Articles >
The Contractor's Emerging Exposure for Design Responsibility
By Jennifer S. Lowndes
The best course of action to prevent a contractor from being saddled with design responsibilities that
could erode its Spearin rights is to be vigilant and proactive up front during the contract negotiation.

Causation  Analysis-How   to Avoid a Missing Link When   Proving Construction Damages   or Delay
By Paul Ficca and Peter Vosbikian
A judge or jury will typically be more inclined to find the cause-and-effect link more plausible when a
cogent presentation is made using project records, such as daily reports and project photographs.

Arbitration and Appellate Review: Competing   Legal Principles
By Eric Sparks
An examination of freedom of contract and the rule of law in the jurisprudence of merits-based review of
arbitration awards.

Thoughts  on Building an Unassailable  Arbitration Award
By Hon. Clifford L. Meacham (Ret.)
Studies have shown that trials are sometimes won and lost just through the opening statement. Here are
some  tips for presenting them effectively.

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