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Conflict of Laws Civil Remedies Construction

Read Conflict of Laws updates, alerts, news, and analysis from leading lawyers and law firms:

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

by Ward and Smith, P.A. on

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

Owners and Developers Beware: Federal Law Preempts Your Remedies Against Design Professionals for ADA Violations

by Clark Hill PLC on

Recent years have seen a proliferation of lawsuits against building owners and businesses for violation of the accessibility requirements of the Americans with Disabilities Act (ADA). Not only restaurants, but also hotels,...more

California Law Restricting Non-Licensed Contractors’ Right to Recover for Unpaid Services Does Not Apply to Miller Act Claims

In a recent decision, the federal appellate court encompassing nine western states and two Pacific island jurisdictions held that a California law restricting the right of non-licensed contractors to recover for unpaid...more

Federal Miller Act Rights Trump State Statute Precluding Claims by Non-Licensed Contractors

In a recent decision, the 9th U.S. Circuit Court of Appeals held, for the first time, that California’s contractor licensing requirement cannot be used to bar a federal subcontractor from pursuing a claim under the Miller...more

Michigan Supreme Court Clarifies The Applicable Limitations Period For Breach Of Contract Actions Against Engineers, Architects,...

by Dickinson Wright on

For more than 20 years, there has been a split of authority over the applicable statute of limitations for a breach of contract action arising from faulty construction work that did not result in “injury to property” or...more

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