Alternative Dispute Resolution (ADR), Construction Law, Civil Remedies

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

by Melissa Dewey Brumback on 2/17/2012

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

by J Paul Sykes on 2/7/2012

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?

by Thomas Heintzman on 11/26/2011

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

by JAMS, The Resolution Experts on 10/12/2011

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

by Allen Matkins Leck Gamble Mallory & Natsis... on 8/22/2011

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

by Sheppard Mullin Richter & Hampton LLP on 4/25/2011

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

by Barger & Wolen on 4/8/2011

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?

by Thomas Heintzman on 3/28/2011

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

by Sheppard Mullin Richter & Hampton LLP on 1/24/2011

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

Contractor Beware: That "Flow-Down Clause" May Not Flow as Far as You Think

by Duane Morris LLP on 10/22/2010

New York Appellate Division Rules That Broad Incorporation of Prime Contract Terms Does Not Bind Subcontractor to Arbitration Provision In Wonder Works Construction Corp. v. R.C. Dolner, Inc.,1 a prime contractor...more

Texas Supreme Court Sends Homeowner to Arbitration With No Written Contract

by David Wilson II on 5/22/2006

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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Alternative Dispute Resolution (ADR) › Construction Law › Civil Remedies