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Collateral Estoppel Sinks LLC Members' Claim

by Brooks Pierce on

It might seem uncontroversial that the members of a limited liability company cannot follow with a personal lawsuit for injuries after their LLC litigates, and loses, claims based on the same issues. But it took the Business...more

The Expansive Breadth and Scope of Arizona’s New Revised Uniform Arbitration Act

by Snell & Wilmer on

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

Developers May Require That Construction Defect Disputes Be Resolved Through Arbitration

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

California Supreme Court Enforces Arbitration Provision in Construction Defect Case

by Snell & Wilmer on

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

Legal Update: California Supreme Court Recognizes Enforceability of Mandatory Arbitration Clause Recorded in CC&Rs in Construction...

by Miller Starr Regalia on

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

Contract administration - JCT, NEC3 and FIDIC

by BPE Solicitors LLP on

An article comparing the contract administration and project management roles found in JCT, NEC and FIDIC. May be of most interest to those in the process engineering industries....more

Bank Guarantee | Court of Appeal Allows Injunction

by mike gutzinger on

The NSW Court of Appeal on 1 November 2010 in Lucas Stuart Pty Ltd v Hemmes Hermitage Pty Ltd [2010] NSWCA allowed an injunction preventing a call upon the performance bond because of the possible likely damage to the...more

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