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
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
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
Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is a way to do this. ...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
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
In our December 2011 Under Construction newsletter, we reported on the tendency of certain California courts to decline to enforce arbitration provisions in construction defect cases. See Arbitration in California...more
In This Issue: - Letter from the Editor - California Supreme Court Enforces Arbitration Provision in Construction Defect Case - Colorado News: Designation of Non-Parties at Fault in Construction Defect Cases...more
In construction litigation, almost every description—from Aggregate, Beater Bars and Canusa wraps, to Wonderboard, Yokes and Z-bars—involves specialized language of the trade that must be made understandable. Visual aids...more
The California Supreme Court has issued its long anticipated decision in Pinnacle Museum Tower Association v. Pinnacle Market Development (U.S.), LLC, et al. The Court upheld a condominium developer’s ability to enforce a...more
On August 16, 2012, the California Supreme Court in Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC held that arbitration provisions in Covenants, Conditions and Restrictions (CC&Rs) are enforceable...more
Earlier today, the California Supreme Court issued a significant opinion in the matter of Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, et al., holding that arbitration provisions in recorded...more
On July 25, the California Supreme Court added to its logjam of cases addressing the enforceability of alternative dispute resolution (ADR) provisions in Covenants, Conditions and Restrictions (CC&Rs) recorded by developers....more
As we begin 2012, Luce Forward's Real Estate Group would like to highlight a number of new developments in California law affecting residential and commercial developers, real estate professionals and others in the real...more
The U.S. Supreme Court's recent decision in AT&T Mobility LLC v. Concepcion, 563 U.S. ___, 131 S.Ct. 1740 (2011) (Concepcion) has engendered considerable controversy for upholding arbitration provisions in consumer contracts...more
In Frumer v. National Home Insurance Company,1 the New Jersey Superior Court, Appellate Division, held that arbitration was the exclusive remedy available to plaintiffs, pursuant to the terms of the plaintiffs' new-home...more
Recent judicial decisions in California have demonstrated that it is very difficult for a home or condominium developer or builder to require a home buyer to participate in binding arbitration or judicial reference authorized...more
On January 5, 2011, N.J. Governor Chris Christie signed into law significant revisions to the New Jersey Construction Lien Law (CLL),1 which take effect immediately. The most significant changes are summarized...more
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
Here is the latest of Collyer Bristow's regular updates on Construction Law. Press Ctrl to click through to the articles. For further information visit www.collyerbristow.com or email Jane Hughes at...more
Note To Reader: As this article goes to press, the Fourth District Court of Appeal has received the parties’ supplemental briefs, and is preparing to rehear Villa Vicenza Homeowners Association v. Nobel Court Development,...more
This is an update on the key decisions in South Carolina concerning Construction Law. Mechanics liens, contract, alternative dispute resolution, mediation, arbitration, litigations,...more
Homeowners and homeowner associations are not necessarily bound by arbitration provisions in a declaration of covenants, conditions and restrictions, or in a related purchase agreement, where the developer is the initial and...more
A Tarrant County jury this week has delivered a devastating blow to homebuilder Bob Perry by awarding $51 million to a couple who sued Perry because of their defective house. The back-story to this case is quite lengthy, but...more
Any good mediation attorney or civil litigation lawyer in California knows how invaluable a tool mediations can be for resolving difficult disputes and litigation. This article examines how mediations can be utilized to...more
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