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Construction Law Authority / Articles posted by Steven Lesser

“Avoiding Attack: The Arbitrator’s Guide to Drafting a Bulletproof Reasoned Award,” American College of Construction Lawyers Journal

I. IntroductionThree types of awards1 are frequently prepared in commercial and construction arbitration proceedings: standard awards, reasoned awards, and awards containing detailed findings of fact and conclusions of law.2 This article focuses on drafting reasoned awards which, due to governing standards frequently cause heartburn for arbitrators. Not only are arbitrators3 required to arrive at an equitable result, they must also draft a sufficiently detailed award that can withstand judicial scrutiny. Preparing a reasoned award can be a treacherous process especially after presiding over weeks of testimony, analyzing a mountain of exhibits and considering the legal arguments presented by the parties. Arbitrators must be familiar with the legal standards that determine when a reasoned award can be successfully challenged. This article addresses the steps that enable an arbitrator to prepare a “bulletproof” reasoned award....

ICYMI: Becker Shareholders Featured @ 2021 Multifamily Forum: West & Central Florida

Becker is a longtime supporter of the Multifamily Forum: West & Central Florida, the go-to event featuring insights from leading owners, managers, developers, investors, and others with extensive knowledge in this specific area of housing development. We are always happy to welcome these perspectives to our own conversation regarding legal pitfalls to avoid and best practices for success....

Specialization: How the ABA Can Make You A Better Lawyer

The great Arnold Palmer was right when he said, “The road to success is always under construction.” This is especially true for lawyers. In the course of our careers, opportunities exist to become better lawyers and enhance our personal satisfaction within our profession. The best approach is to take advantage of those opportunities by becoming board certified. The ABA can help!...

“Contractors Prepare to Face COVID-19 Challenges for the Long Haul,” Construction Dive

Construction Dive takes a look at how construction companies are adapting and coming to terms with the longtime implications of COVID-19. Construction Law & Litigation Shareholder Steve Lesser discusses how the pandemic has led contractors to read thoroughly through force majeure clauses in their contracts. “The cost of construction is now changing because of all these different precautions. Contractors are making COVID-19 claims as to owners saying ‘Hey, because of this pandemic it’s a force majeure event and I had to incur additional costs and expense.’”...