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Finding out what’s best for the client has been David Taylor’s approach to practicing law for more than 30 years. David chairs the firm’s construction group in its Nashville office, and has for over 30 years been a commercial litigator, with an emphasis on construction and real estate dispute resolution. David has a national construction practice representing all participants in the construction industry, and is recognized as one of the leading construction lawyers in Tennessee and the southeast. View articles by David

The Top 10 Horrible, Terrible No Good Mistakes Lawyers Make in Construction MediationsEffective representation of clients in construction mediations takes more than throwing together a mediation statement at the last second and showing up at the mediation. Doing it right requires the same kind of due diligence and work that goes into preparing for a key deposition or even trial. Great “mediation” lawyering is essential and is

<i>Say What?</i> Statutes of Repose/Limitation May Not Be Defenses in Arbitration?Most private construction contracts contain binding arbitration clauses and apply the “law of the state where the project is located.” While arbitration is less formal than court/litigation, legal defenses are often raised, including whether a claim is barred by a statute of limitation or, in the case of construction claims, a statute of repose.

Arbitration vs. Litigation: The Great DebateMany of the “form” commercial construction contracts (e.g., AIA forms) contain “dispute resolution” clauses proposing binding arbitration as opposed to courtroom litigation. Most U.S. courts, faced with the number of cases flooding the legal system, regularly enforce arbitration clauses. However, the decision to arbitrate should not be taken lightly. There are pros and cons,