Arbitration & Litigation Too Expensive? - Construction Contract Dispute Financing may be the Answer

Live Webinar

  • 90 minutes
  • 6 Days Left
     Jun 10, 2020
  •   01:00 PM - 02:30 PM ET
    10:00 AM - 11:30 AM PT

Arbitration and litigation is one of the most expensive form of epic, if not lethal, combat undertakings in modern society. As a result, many legitimate construction claims and disputes are dropped or set aside because one or more of the parties involved, are unable to afford the legal process. Third party construction arbitration or “Litigation Funding” in the U.S. is emerging to meet this situation. These situations often present both extreme risk and potential opportunity as well. This paper discusses how Third-Party Litigation Financing has come of age over the past decade. Non-recourse Litigation Funding represents a significant new risk management tool in the construction industry for claimants to help quantify claims pending claims and balance upside goals with downside liquidity risks. It describes how litigation funding operates when one of the parties to a dispute employs this option to finance the pursuit of a construction claim. The paper also outlines the benefits and the risks of usingconstruction litigation funding.

Join this session by expert speaker James G. Jack, where he will discuss how the Third-party Litigation Funding operates in construction claims & disputes and benefits & risks associated with it.

Session Highlights:

  • The real costs of Arbitration & Litigation and Dispute funding as a viable alternative

  • An introduction into the use of Construction claims Dispute Funding as an alternative to Arbitration or Litigation

  • The perceived advantages of using Dispute Financing during the mediation process

  • How Dispute Funding worksand the Dispute Funding process

  • The use of non-recourse Dispute Funding

  • The pros and cons of Dispute Funding

  • Some unresolved issues concerning Dispute Funding

  • Trends & predictions concerning Litigation Funding

Why You Should Attend:

Dispute funding is new in the construction industry. In the correct situation, Third-party-Dispute-Funding levels the playing field between a contractor who cannot afford to arbitrate or litigate a claim and an owner who has superior financial resources. This webinar discusses how non- course funding operates and the advantages or disadvantages of pursuing claims using this form of funding.

Who Should Attend:

  • Owners

  • Contractors

  • Design professionals

  • Construction managers

  • Attorneys for all project participants

 *You may ask your Question directly to our expert during the Q&A session. 

** You can buy On-Demand and view it at your convenience.

James Zack

James Zack

James is the Senior Advisor to the Navigant Construction Forum™. The Forum strives to be the construction industry’s resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Formerly, he was the Executive Director, Corporate Claims Management Group, Fluor Corporation, one of the world’s largest EPCM contractors.

James was previously Vice President of PinnacleOne and the Executive Director of the PinnacleOne Institute and a Senior Construction Claims Consultant for CH2M HILL, Inc. Jim has, for more than 45 years, worked on both private and public projects throughout the United States and in 28 countries abroad. James is a Fellow of AACE, the Royal Institution of Chartered Surveyors, and the International Guild of Project Controls. In the construction claims field, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes. James is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC) and a Project Management Professional (PMP).

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