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Construction Alternative Dispute Resolution (ADR) Civil Remedies

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

District Court Find No Federal Question Jurisdiction In Action Challenging Arbitration Award Based On Arbitrator Bias

by Carlton Fields on

A federal court has rejected the attempt of the losing party in an arbitration to engage in discovery regarding the potential bias of the arbitrator, finding that it had no jurisdiction over the matter because it did not...more

Picerne Construction Corp. v. Castellino Villas (Feb. 18, 2016, C071197)

The Third District Court of Appeal recently held that completion under the mechanics lien statute requires actual completion of the work of improvement, meaning completion of the entire structure or scheme of improvement as a...more

Nationwide Injunction Issued Against Fair Pay and Safe Workplaces Reporting Requirements and Arbitration Agreement Restrictions

by Holland & Knight LLP on

Late Monday evening, just before the FAR Final Rule and DOL Guidance on the Fair Pay and Safe Workplaces Executive Order (FPSWP) were set to take effect, a federal district judge in Texas enjoined the implementation of the...more

Sanctity of an arbitration award: When does a breach of natural justice tip the balance? - A case study of ASG V ASH [2016] SGHC...

by Dentons on

The plaintiff applied to set aside three arbitral awards. The first was awarded on the merits which was challenged on the basis that the arbitrator had totally failed to consider or understand the plaintiff’s evidence and...more

Preventing Limitation of Liability End-Runs

by Pepper Hamilton LLP on

Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and...more

AAA’s Revised Construction Industry Arbitration Rules and Mediation Procedures

The American Arbitration Association (“AAA”) recently revised its Construction Industry Arbitration Rules and Mediation Procedures. The revised rules became effective on July 1, 2015 and include a host of changes, large and...more

Arbitrators Have Inherent Authority To Award Punitive Damages

In RV V Lockworks, LLC v. Five Yale & Towne, LLC, 2016 Conn. Super. LEXIS 563 (Conn. Super. Ct. Mar. 16, 2016) an arbitrator awarded punitive damages to the purchaser of a newly-constructed 300-unit apartment complex when it...more

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

Agreements to Arbitrate Are Simple, Right?

by Pepper Hamilton LLP on

The construction industry has been a leader in the use of arbitration to resolve disputes. In the past 30 years, it is fair to say that arbitration has outpaced litigation as the dominant method of dispute resolution. The...more

Court Of Chancery Explains Arbitration Timelines

by Morris James LLP on

This decision explains the timelines for seeking to vacate an arbitration award. It illustrates that an arbitration proceeding has its own rules that the parties better understand or lose their rights....more

AAA Issues Revised Rules for Arbitration in Construction Industry Disputes

by Saul Ewing LLP on

The American Arbitration Association recently updated its Construction Industry Arbitration Rules and Mediation Procedures, effective July 1, 2015. There are six new rules, some of which are borrowed from litigation...more

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

by Snell & Wilmer on

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

by Butler Snow LLP on

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*

by White & Case LLP on

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

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

by Reed Smith on

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...

by Melissa Dewey Brumback on

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

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

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 on

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 on

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

by Hinshaw & Culbertson LLP on

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

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