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Showing posts from January, 2022

Litigation-I Win, You Lose vs. Mediation-Win/Win

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  Litigation is a zero-sum game.  It destroys relationships and fosters enmity between the parties.  Parties rarely walk away happy.  Even if they win, the expense of litigation is enormous, and collecting on judgments is difficult. Disputes ultimately resolve, but the focus on winning at any cost can lead to prolonged legal battles.  Living with a lawsuit causes ongoing stress, which can distract you from your business and even have an effect on your health. In a courtroom, the final decision lies with a judge or jury who may not fully grasp the complexities of the case. Parties relinquish control over the outcome, potentially leaving them dissatisfied with the final judgment. Mediation has the opposite effect.   Rather than polarizing people, it enables the parties to attack the issues and not each other.     The process promotes open communication, collaboration and problem-solving, which enables parties to actively participate in crafting mutually beneficial solutions.   It res
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TEN NEW YEAR’S RESOLUTIONS FOR CONTRACTORS-2022

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TEN NEW YEAR’S RESOLUTIONS FOR CONTRACTORS-2022   Can you say COVID fatigue?   As I sit here to write this year’s resolutions, I can’t believe that coronavirus is still very much with us.   In fact, you can just read my newsletter from last year, and all of them are still relevant. The difference this year is how divided we have become.   Some are living life as it is more or less normal, and others are still playing it safe.   One thing is certain.   The virus has disrupted construction and the way you do business.   On the positive front, I keep hearing that business has never been better.   On the negative side, there are still issues with increases in the cost of materials, shipping delays and unavailability of subcontractors.   Last year I wrote a number of blog posts with clauses to add to your contracts and refined them as new developments occurred. See, http://buildingconfidence-llc.blogspot.com/2020/04/coronavirus-and-construction-clauses.html   Those clauses still hold.  
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