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Luke Martin helps his construction industry clients identify, plan for, and mitigate the risks faced on their construction projects. Luke understands that every construction project is unique, that each project is situated on its own site, with its own design, built under varying economic conditions and, most importantly, with its own set of stakeholders. He understands the considerable risks associated with each project, whether it be risks of delay, of differing site conditions, of manpower shortages, or the simple risks of personality conflicts among the project participants.

Posture Away, You May Still Get Your WayThe Sixth Circuit recently reversed a decision from an Ohio federal court related to whether a party waived its arbitration rights through posturing correspondence written prior to the filing of litigation or arbitration. In Borror Property Management, LLC v. Oro Karric North, LLC (No. 2:19-cv-04375), the Sixth Circuit upheld the defendant’s contractual right to arbitration

Watch Your Stipulation! Award Confirmed Despite Arbitrator Exceeding Contractual Scope of AuthorityOnce parties agree to arbitrate, courts generally defer to the arbitrator’s judgment regarding resolution of a dispute. The prevailing approach in many states is to not set aside an arbitration award unless the arbitrator clearly exceeded his or her authority and to exercise every reasonable assumption in favor of the validity of an award. The