He is an experienced Commercial lawyer with his primary focus is in the field of Construction Law, including Construction Contracts and Construction Litigation. Roger has written and spoken extensively in these areas of the law. He is assigned to the Litigation Practice Group although he will participate and is a welcome addition to all three major practice groups. Owners and contractors alike know there are advantages to arbitrating disputes. However, in many instances, arbitration provisions cause problems which outweigh any potential benefit.
Arbitration is intended to provide a speedy and efficient forum for resolving disputes.
But because of the number of parties involved in a construction project and the interplay between lien law and arbitration obligations, these advantages are often difficult to realize. A significant problem arises when a construction contractor is unpaid at the end of a job and files a construction lien. A construction lien creates an interest in real property and affects the title. When the underlying construction contract contains an arbitration clause, the contractor and the other party have agreed to resolve the dispute by arbitration. Unfortunately, other parties who may claim an interest in the property or are involved in the construction project are not always bound to participate in the arbitration, and thus the arbitrator does not have the authority to foreclose the lien or bind other parties.