Alternative Dispute Resolution (ADR) Construction

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North Carolina Court of Appeals Declines to Enforce Arbitration Clause in Construction Contract

An arbitration clause in a contract can affect the method parties will use to resolve disputes, what remedies are available to them, and, most importantly, where they will arbitrate and what state's laws will apply. A recent...more

Construction Defect Insurance Disputes Are Daunting Puzzles, But Neutrals Fit the Pieces Together

Think construction defects cases are complicated? Try looking at them from the perspective of the neutrals who guide parties to settlement. Complicated only begins to describe what one experienced neutral calls working on a...more

To Arbitrate or Not to Arbitrate? That is the Question

It’s been the fodder of debate of philosophers, academics and the rest of us for ages: - Do we have free will or are our actions predetermined and the result of preceding events? - Are human beings...more

Arbitration vs. Litigation: The Great Debate

Many of the “form” commercial construction contracts (e.g., AIA forms) contain “dispute resolution” clauses proposing binding arbitration as opposed to courtroom litigation. Most U.S. courts, faced with the number of cases...more

Fourth Circuit: Courts, Not Arbitrators, Decide If Arbitration Agreement Authorizes Class-Wide Arbitration

A unanimous panel of the Fourth Circuit has held Del Webb Communities, Inc. v. Carlson that the question whether an arbitration agreement authorizes class-wide arbitration is for the courts, not an arbitrator, to...more

JAMS Global Construction Solutions Newsletter, Spring 2016

Spearin Lite? The Limited Implied Warranty in a Construction Management at Risk Project - We are all familiar with the Spearin doctrine: In the classic design-bid-build project delivery system, an owner furnishes...more

Fourth Circuit Finds Availability Of Class Arbitration Is Question For Courts, Not Arbitrators

Joining the Sixth and Third Circuit Courts of Appeals, the Fourth Circuit this week held that “whether an arbitration clause permits class arbitration is a gateway question of arbitrability for the court.” Dell Web...more

Agreements to Arbitrate Are Simple, Right?

The construction industry has been a leader in the use of arbitration to resolve disputes. In the past 30 years, it is fair to say that arbitration has outpaced litigation as the dominant method of dispute resolution. The...more

The Camel’s Nose: Incorporating Commercial and Construction Arbitration Rules

There is an old proverb that states, “If the camel once gets his nose in the tent, his body will soon follow.” Stated differently, one should not let the camel’s nose inside unless he or she is prepared to accept the whole...more

Examining Denver’s new construction defect reform ordinance

Construction defect reform is a hot-button issue in Colorado. This is especially true along the booming Front Range, where rapidly increasing population has driven the prices of renting and buying property a mile high....more

Review Of Arbitration Awards: Lessons for the Construction Industry from the Tom Brady Case

NFL Mgmt. Council v. NFL Players Ass’n, 2015 U.S. Dist. LEXIS 117662 (S.D.N.Y. Sept. 3, 2015) - “Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So...more

UK Employment Law Round-up Volume 1, Issue 2

In this edition we will be taking a look at some employment issues which have been making headlines and at some of the more technical points raised in recent case law. We will consider the Government's recent release of its...more

Resolving UK construction disputes

Our construction disputes briefing highlights litigation, arbitration and ADR developments and is aimed at in-house lawyers in the construction industry. For more information on any of the topics below, please contact one of...more

Construction Group News: Arbitrators' Award of Attorney's Fees Thrown Out Because the Parties' Agreement Did Not Provide for It

The Massachusetts Supreme Judicial Court recently voided an arbitration panel’s award of attorney’s fees because the terms of the parties’ arbitration agreement did not specifically provide that the prevailing party could be...more

To Be or Not to Be in Arbitration? That is the Question

Arbitration has become a very common and effective way to resolve construction disputes in lieu of traditional litigation, and it is easy to understand why: - The parties can select arbitrators with construction...more

Court Of Chancery Explains Arbitration Timelines

This decision explains the timelines for seeking to vacate an arbitration award. It illustrates that an arbitration proceeding has its own rules that the parties better understand or lose their rights....more

JAMS Global Construction Solutions Newsletter, Fall 2015

Reflections from the ADR Summit - GEC panelist Judge Nancy Holtz recently spoke with some of the attendees of the ABA Forum on Construction Law Fall Meeting in Austin, Texas, which included the Chair of the Forum, Harper...more

Connecticut Supreme Court Upholds Jurisdiction of Arbitration Panel for Claims Arising on Public Works Construction

The Connecticut Supreme Court recently issued an important decision confirming the rights of design professionals, construction managers, and contractors to assert claims under contracts with the state. The decision also...more

New York's Appellate Division Reverses Collateral Estoppel Ruling Against Payment Bond Sureties in Suit to Enforce Arbitration...

A recent decision by the First Department of the Supreme Court, Appellate Division, addresses the preclusive effect of arbitration awards in subsequent judgment enforcement suits against payment bond sureties. In Five Star...more

Interpreting Arbitration Agreements: Two Key Points from Recent Texas Supreme Court Decisions

The Texas Supreme Court recently added another opinion to its ever-growing body of law interpreting arbitration agreements. The opinion falls in line with prior decisions on two key issues: 1. what amounts to waiver of the...more

Recent Developments: Dispute Resolution What you need to know

Welcome to this edition of Allen & Overy’s Recent Developments –‘What you need to know’. The purpose of this alert is to keep you updated on the recent legal developments relevant to your industry, and let you know...more

New York Commercial Division to Tighten Eligibility Requirements For Two Categories of Disputes

Parties and counsel involved in disputes arising out of domestic arbitrations or home improvement contracts soon will have to clear heightened eligibility requirements before being able to proceed in the Commercial Division...more

NC Business Court On Arbitrability: Clear And Unmistakable

You may have pondered over the question whether a Judge or an Arbitrator decides if a particular dispute is subject to an agreement to arbitrate. If you have wondered who makes that sort of decision, it's actually not an...more

New Rules Make Construction Arbitration More Attractive

The American Arbitration Association (AAA) implemented new Construction Industry Arbitration Rules this past summer. The changes eliminate certain gaps or ambiguities in the old rules, create some additional tools with which...more

Minnesota Supreme Court Decides Best Value Bid Protest - Attorneys' Fees in AAA Arbitrations

In a recent decision from the Missouri Court of Appeals, City of Chesterfield v. Frederick Constr. Inc., 2015 Mo. App. LEXIS 439 (Mo. Ct. App. Apr. 21, 2015), the court found that in the arbitration of a contract dispute...more

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