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“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....

Becker Wins Construction Defects Matter on Appeal for Spring Isle Community Association

Fifth District Issues Critical Ruling on Statute of Repose Becker, a multi-practice commercial law firm with attorneys, lobbyists, and other professionals at offices throughout the East Coast, announced that it defeated a summary judgment ruling on a construction defects lawsuit on appeal before the Florida District Court of Appeal’s Fifth District on behalf of their client, Spring Isle Community Association (“SICA”), against Pulte Home Corporation (“Pulte”)....

“I’m Sticking with Zoom for Mediation,” Palm Beach County Bar Association Bulletin

Zoom mediation was thrust upon us last year. At first, the technology was intimidating. I was skeptical about people being in different locations. Some have a concern that remote participation impacts the physical pressure and motivation to settle cases. In my experience, forcing people to travel, find parking, and sit for hours on end in conference rooms waiting for the mediator or meaningful settlement discussions creates frustration. This is particularly true in multi-party complex construction cases where parties may be in rooms for hours on end waiting on other parties to facilitate the process....

“Through Self-Determination, SFSC Alumnus Edward Lohrer Realized His Dream of Becoming an Attorney,” SFSC

When South Florida State College (SFSC) alumnus Edward Lohrer graduated from high school, he wasn’t sure what he wanted to do with his life. He had grown up in Lake Placid, Fla., and all he knew was that he wanted to see what life held for him beyond the borders of Highlands County. Although he didn’t have a life plan in those early years, he discovered that through self-determination, he could create the life he wanted. He is now an attorney and shareholder with the law firm Becker & Poliakoff in its Fort Lauderdale, Fla. office....