Construction Civil Procedure Conflict of Laws

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Update on State Statutes Restricting "Out-of-State" Arbitrations - IADC ADR Committee Chair Val Stieglitz of Nexsen Pruet reports...

Congress passed the Federal Arbitration Act (FAA) in 1925 to place arbitration agreements on the same footing as other contracts.1 Under the FAA, an arbitration provision “shall be valid, irrevocable, and enforceable, save...more

New Decision Helps Multifamily Developers by Striking Down a Restrictive Local Ordinance

On July 11, 2013, in Latinos Unidos del Valle de Napa y Solano v. County of Napa (A135094), the First District reversed and remanded a trial court's decision that Napa County's restrictive density bonus ordinance did not...more

Contractors Beware: Raising The Stakes In Davis-Bacon Compliance

A recent decision by a Pennsylvania district court lends support for a growing trend of filing claims under the Federal False Claims Act based on allegations that contractors on federally funded construction projects...more

Prevailing Wage Update: Charter City Public Works Projects Are Not Subject to Prevailing Wage Requirements

Charter cities are not required to comply with California’s prevailing wage law with respect to construction contracts for public buildings, according to a July 2, 2012, California Supreme Court decision. The underlying facts...more

ADR in construction disputes

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

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

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

Because of Federal Preemption, Project Owner Cannot Seek Indemnity from Architect for Failure of Design To Meet Fair Housing Act...

The United States Court of Appeals for the Fourth Circuit recently held that federal preemption precluded a project owner from seeking indemnity from its architect based upon the failure of the architect's design to meet the...more

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