Phil Dabney is a partner in the Las Vegas office of Holland & Hart, LLP. Mr. Dabney’s practice concentrates in construction litigation and alternative dispute resolution. Mr. Dabney has experience with commercial construction contract and pay disputes, various kinds of construction claims and real estate, administrative law, personal injury, and general commercial cases. Mr. Dabney has trained with the American Arbitration Association and the Peter Maida mediation program. He serves on the AAA roster of neutrals.
M. Magali Wysong is an associate in the Las Vegas office of Holland & Hart LLP. She is a member of the litigation department and focuses her practice on commercial litigation.
In Nevada, public works disputes previously were settled by arbitration, thanks to a statute that so provided. However, during this past legislative session, the statute was amended. Instead of requiring mandatory and binding arbitration, parties may now choose to use an ADR method.
Hundreds of questions arise during the drafting process for construction contracts, in both public or private construction projects. Parties spend countless hours poring over the scope of work, the price and payment terms, and every detail surrounding the development and construction of the project. When the project is publicly owned, different considerations enter the mix because taxpayer dollars are involved. One very important detail that parties should consider at the contract-drafting stage is the manner in which disputes will be resolved. This detail opens a floodgate of additional questions regarding venue, attorney fees, choice of law, and, of course, who is best equipped to hear, analyze, and decide a complex construction dispute.