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

In Site Spring 2013

by Kevin Greene, Inga Hall, Jamie Olsen | K&L Gates LLP on 4/30/2013

Welcome to the Spring edition of In Site. This edition covers the following topics: - A brief overview of the “Jackson cost reforms” to civil litigation which came into force on 1 April 2013 - A note of the...more

Careful Drafting Can Prevent Dispute Clauses from Being Ignored

by Joseph Kovars | Ober|Kaler on 4/22/2013

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

Arbitration or Arbitrary? A Guide to Help You Decide Whether to Arbitrate Construction Disputes

by Brian Autry | Nexsen Pruet, PLLC on 3/20/2013

When will mankind be convinced and agree to settle their difficulties by arbitration? - Benjamin Franklin As a general rule, I am almost convinced that all disputes in the construction context should be settled by...more

Class Arbitrations Under Attack—But Survive

by Larry Leiby | JAMS, The Resolution Experts on 2/7/2013

Originally published in the Journal of the American College of Construction Lawyers Volume 7, Number 1, in Winter of 2013. There are certain indisputable benets of commercial arbitration: knowledgeable trier of fact,...more

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

by Richard Herold, Benjamin Reeves | Snell & Wilmer L.L.P. on 1/18/2013

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

Class Action Defendant Waived Right To Compel Arbitration After Class Action Certification

by Brooks Pierce on 11/7/2012

You probably remember the earlier opinion in Elliott v. KB Home, Inc., in which Judge Jolly certified a class action against the homebuilder KB Home over the improper installation of HardiePlank siding....more

Pinnacle's Limited Impact On California Property Litigation

by Zelle Hofmann Voelbel & Mason LLP on 11/5/2012

Originally published in Insurance Law360 on November 2, 2012. The California Supreme Court recently issued an important decision concerning the forum for litigation of construction defect claims. However, as a practical...more

Resolving international construction disputes – litigation or arbitration?

by Reed Smith on 10/31/2012

Introduction - As we have discussed in previous alerts in this series, many claims can arise under international construction contracts. Of course, not all those claims end up in a formal dispute. In the last alert we...more

Audit Provisions in Private Construction Contracts: Which Costs Are Subject to Audit, Who Bears the Expense of the Audit, and Who...

by Duane Morris LLP on 9/5/2012

Originally published in the Journal of the American College of Construction Lawyers, Volume 6, Number 2, Summer 2012. I. Introduction - Audit provisions are often included in private construction contracts where all...more

Using Technology to Resolve Construction Disputes; Demonstrative Aids

by Carlton Fields on 8/9/2012

It is virtually impossible to adequately explain a complex construction case without demonstrative aids. Demonstrative evidence has been used by litigants in mediations, arbitrations and trials for years. However, recent...more

For Housing Developers Seeking Enforcement of ADR Provisions, the Line Forms at the Rear

by Allen Matkins Leck Gamble Mallory & Natsis... on 7/31/2012

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

Deal or No Deal

by J Paul Sykes on 2/24/2012

Update on the dangers of ignoring "formalities" in negotiating settlement of a legal dispute. Case analysis and lessons to be learned....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

ADR in construction disputes

by Duane Morris LLP on 10/14/2011

Most industry standard forms of agreement that address arbitration seem to be limited to providing the most basic submission agreement. Pre-dispute attention to the arbitration provisions of contracts can help avoid...more

Litigate Like An Egyptian

by Katherine Gallo, Esq. on 9/29/2011

You are now sitting down to organize your Discovery Plan and determining what discovery you need to evaluate your case, prepare for mediation, file a motion for motion for summary judgment/summary adjudication and/or get it...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

Arbitration Appeal Rights: Think About Them Before Signing A Contract

by Thomas Heintzman on 5/24/2011

Owners and contractors will normally insert an arbitration clause into their contract. When they do so, they rarely consider their rights of appeal from an arbitral award. The recent decision of the Ontario Court of Appeal...more

Can Builders Still Require New Home Purchasers to Participate in Mandatory Binding Arbitration?

by Miller Starr Regalia on 5/24/2011

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

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

Illinois Supreme Court Sets Busy Civil Argument Schedule for November

by Sedgwick LLP on 10/27/2010

This afternoon, the Illinois Supreme Court published its Call of the Docket for the November term, and the Court will hear oral argument in fifteen civil cases. The cases, with the issue or issues presented in each,...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

SUB-CONTRACTOR'S CONSTRUCTION CLAIMS

by Donald Wilson on 9/23/2010

CONTRACTOR AND SUB-CONTRACTOR'S CONSTRUCTION CLAIMS – LITIGATION DEFENSE STRATEGIES...more

Drafting An Arbitration Provision - The VirtualCourthouse Way

by Arthur Ahalt on 9/15/2010

VirtualCourthouse provides a fresh new approach to arbitration. An approach which provides flexibility and cost savings not available through AAA, JAMs, National Arbitration Forum. Have you noticed that arbitration has become...more

Washington Supreme Court Holds Statutes of Limitations Do Not Apply to Arbitration Proceedings

by Lane Powell PC - Construction Law on 7/24/2010

A narrowly-divided Washington State Supreme Court has held that an arbitration panel cannot apply the state statutes of limitations to bar a claim, unless the parties have contractually agreed to allow the arbitrators to do...more

Texas Homebuilder Bob Perry Ordered to Pay $51 Million for Defective House

by Robert Kraft on 3/3/2010

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

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