Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Does Canada Need a New Uniform Arbitration Law?
Arbitration - An Alternative to Litigation for Dispute Resolution
Bill on Bankruptcy: Junk Debt Interest Rates at 30-Year Low
Legal Fallout of an Armstrong Confession
Lance's Lawyer: Armstrong Didn't Betray Me
Lance's Lawyer: Armstrong Didn't Betray Me: Video
Lawyer: Madoff May Be One of My Clients' Better Investments
Gene Grabowski on American Airlines' Brand Challenges
Christopher Hill, LEED AP discusses further ways that a good construction attorney can assist a construction company to resolve its disputes ...more
Welcome to the Spring edition of In Site. This edition covers the following topics:
- A brief overview of the “Jackson cost reforms” to civil litigation which came into force on 1 April 2013
- A note of the...more
Two recent cases highlight the pitfalls facing construction parties -- owners, contractors and subcontractors -- when they use fairly common contract clauses that address how they want disputes decided. In one case, the...more
What is the meaning of an arbitration clause which states that a dispute "may be determined by arbitration"? Does the clause mean that the arbitration process is permitted but not mandatory? Or does the word "may" mean that...more
When will mankind be convinced and agree to settle their difficulties by arbitration? - Benjamin Franklin
As a general rule, I am almost convinced that all disputes in the construction context should be settled by...more
One-sided arbitration clauses don't survive judicial scrutiny in Maryland's state and federal courts. Maryland contract law will not enforce an arbitration clause lacking mutuality of consideration....more
One of the first issues that can arise in a dispute is whether arbitration or court proceedings must be pursued. The issue will often arise from a motion by a defendant in the action. The defendant will bring a motion to...more
Christopher Hill provides his thoughts on construction mediation from a mediator perspective at Construction Law Musings. Mediation is a great way to resolve construction disputes without the expense and risks associated...more
There is a growing trend in Construction leaning towards “preventative law” in the shape of what is referred to as Dispute Resolution Boards (“DRB”), resulting in saving time, project costs, and legal fees both during and...more
A recurring issue in arbitration and construction law is whether an agreement to mediate is enforceable. That is because an arbitration or building contract may contain a clause imposing an obligation to mediate before...more
Originally published in Florida Bar Journal on February 13, 2013.
A contingent payment clause in a subcontract is the clause that provides that the subcontractor assumes the risk of owner nonpayment. Such clauses are...more
A recurring issue in arbitration law is whether a third party is bound to assert his or her claims by way of arbitration, even though the third party is not a party to the arbitration agreement. The Alberta Court of Appeal...more
In This Issue:
Using Integrated Project Delivery to Avoid Construction Conflict and Disputes; Admissibility of Nonbinding Written Dispute Board Recommendations; Be an Expert with Experts and Notices &...more
Originally published in the Journal of the American College of Construction Lawyers Volume 7, Number 1, in Winter of 2013.
There are certain indisputable benets of commercial arbitration: knowledgeable trier of fact,...more
In This Issue:
- DISPUTE RESOLUTION:
- International Arbitration: EU Member State Defends Measures Adverse to Energy Sector Investments on the basis of EU law
- Competition Law/Russia: Russia...more
Today, part 7 of our series on the Construction Lawsuit, Law & Order: Hard Hat files.
At some point during the lawsuit (usually, but not always, after expert reports are produced), your lawyer may tell you the case is...more
Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is a way to do this.
Recently, the Arizona Court of Appeals determined that under the 2010 Arizona Revised Uniform Arbitration Act, A.R.S. §12-3001, et seq. (the AZ-RUAA), a contractual agreement to arbitrate extends to: (i) arbitration of claims...more
The California Supreme Court recently ruled that developers – by including an arbitration provision under the Federal Arbitration Act (FAA) in Homeowners’ Association Covenants, Conditions and Restrictions (“CC&R’s”) – may...more
You probably remember the earlier opinion in Elliott v. KB Home, Inc., in which Judge Jolly certified a class action against the homebuilder KB Home over the improper installation of HardiePlank siding....more
Originally published in Insurance Law360 on November 2, 2012.
The California Supreme Court recently issued an important decision concerning the forum for litigation of construction defect claims. However, as a practical...more
Introduction - As we have discussed in previous alerts in this series, many claims can arise under international construction contracts. Of course, not all those claims end up in a formal dispute. In the last alert we...more
Denver District Court orders arbitration of construction defect claims in Glass House Residential Association v. Alta Riverfront LLC et al, no. 2012CV1531....more
The California Supreme Court recently held that the developer of a condominium project may unilaterally impose arbitration on an owners association by recording a declaration of covenants, conditions, and restrictions that...more
Introduction - Energy and infrastructure construction projects take time, are technically complex, are of significant value, and involve a spectrum of participants with different interests. It is inevitable that there will be...more
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