Alternative Dispute Resolution (ADR) Construction Civil Remedies

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AAA Revises Construction Industry Arbitration Rules and Mediation Procedures

The American Arbitration Association (AAA) has revised its Construction Industry Arbitration Rules and Mediation Procedures (Rules), effective July 1, 2015. Although some changes are relatively modest, others expand the...more

Arbitrator and Mediator. Member of AAA National Panel of Construction Arbitrators

AAA issued revised Construction Industry Arbitration Rules which took effect July 1, 2015. There are significant changes in the new rules which are intended to make the arbitration process more efficient and cost-effective. ...more

Changes to Arizona Purchaser Dwelling Act Affect Sellers and Construction Professionals

In its last session, the Arizona legislature amended the statutes governing Purchaser Dwelling Actions, A.R.S. 12-1361 et seq., and Homeowner Association Dwelling Actions, A.R.S. 33-2001 et seq., relating to claims against...more

Chapter 40 Reform Provides Relief for Nevada Homebuilding Industry

Nevada Gov. Brian Sandoval signed into law AB 125 (2015) ushering in critical reforms for Nevada’s construction defect laws. The law, which the Nevada Legislature passed this past Friday, Feb. 20, 2015, provides crucial...more

Careful What You Wish For: Court Affirms Award of Attorney’s Fees Based Upon Arbitration Rules

Most lawyers are fully aware of the “American Rule” – a generally universal rule of law (in the United States anyway) which provides that, absent specific authority granted by statute or a contractual agreement, a litigant is...more

Singapore: The Second Persero Case*

A judgment of July 16, 2014 of the Singapore High Court enforcing a “binding” but not “final” decision of a dispute adjudication board under the FIDIC Conditions of Contract for Construction 1999 (the so-called “Red Book”)...more

The Construction Advantage – Issue 4

In our fourth issue of The Construction Advantage, we depart from summaries of regional and national case law to provide you with some helpful information from George Burns, David Ray and Michael Bosse on contract drafting,...more

The Construction Advantage – Issue 3

Reaffirming the Iron Hand of an Arbitration Agreement - Does the fact that the named arbitration company has gone out of business make an arbitration clause unenforceable? Given the legislative bias toward arbitration,...more

Doosan v MABE: English Court Injuncts Owner from Calling Performance Bond When Owner Has Failed To Issue a Taking-Over Certificate...

It is quite rare to see a Court hand down a judgment in relation to a FIDIC-based contract. The reason is that most FIDIC-based contracts contain an arbitration agreement resulting in disputes being resolved privately and...more

Construction Law in North Carolina: 7 Critical Mistakes Engineers & Architects Make During Project Negotiation & Execution That...

The typical commercial construction lawsuit can cost an architecture or engineering firm well over $100,000 to resolve. It is not unheard of for some construction lawsuits to rise into the multiple hundreds of...more

Refuse Mediation at Your Peril

Analysis of Recent Developments in Mediation / ADR: Discussion of the Court of Appeal decision of Rolf -v- De Guerin [2011] regarding a building dispute, where the builder was penalised for refusing to...more

Can An Arbitration Claim Be Dismissed For Delay?

Does an arbitral tribunal have authority to dismiss an arbitration claim for want of prosecution? Some arbitration statutes expressly state that a tribunal has the power to do so. Absent such an express power, the British...more

JAMS Global Construction Solutions - Volume 4, No. 3 • Fall 2011

In This Issue: Costs in International Construction Arbitration; JAMS Goes International — and U.K. Adjudication Comes to the U.S. and JAMS; The Collaborative Settlement Process and Its Application in Construction...more

Contract With Unlicensed Contractor Is Not Void Ab Initio

California Business & Professions Code § 7031(a) generally prohibits unlicensed contractors from getting paid on contracts for which a contractor’s license is required. If an unlicensed contractor enters into a contract...more

The Year 2010 In Review: Construction Insurance Issues

This article is the seventh in a series summarizing construction law developments for 2010. 1. Forecast Homes, Inc. v. Steadfast Insurance Co., 181 Cal. App. 4th 1466 (4th Dist. Jan. 2010), rev. denied, 2010 Cal. LEXIS...more

2860 Fee Arbitration is Denied Where Insurer is Not Currently Defending

This section of the civil code provides for arbitration of disputes under California’s so called Cumis doctrine. That statute sets forth the rules for selection of “independent counsel” when the carrier reserves its rights...more

Does a Breach of Fiduciary Duty Fall Within an Arbitration Clause?

In the recent decision, St. Pierre v. Chriscan Enterprises Ltd., the British Columbia Court of Appeal considered whether a claim by an owner against the project manager for breach of fiduciary duty fell within the wording of...more

Provisions In CC&R'S Requiring Arbitration Of Claims Against Developers By Homeowners Associations Or Owners Are Not Enfroceable

In Villa Vicenza Homeowners Ass'n v. Nobel Court Dev., LLC, No. D054550 (4th Dist. Jan. 11, 2011, the Fourth District of the California Court of Appeal held that a provision in a declaration of covenants, conditions and...more

Texas Supreme Court Sends Homeowner to Arbitration With No Written Contract

This article analyzes an opinion in which the Texas Supreme Court required a homeowner, who had not signed an arbitration agreement with the builder, to arbitrate her claims of defective construction against the builder....more

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