Construction Civil Remedies Alternative Dispute Resolution (ADR)

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The Construction Advantage – Issue 3

Reaffirming the Iron Hand of an Arbitration Agreement - Does the fact that the named arbitration company has gone out of business make an arbitration clause unenforceable? Given the legislative bias toward arbitration,...more

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

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...

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

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?

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

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

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

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

Does a Breach of Fiduciary Duty Fall Within an Arbitration Clause?

In the recent decision, St. Pierre v. Chriscan Enterprises Ltd., the British Columbia Court of Appeal considered whether a claim by an owner against the project manager for breach of fiduciary duty fell within the wording of...more

Provisions In CC&R'S Requiring Arbitration Of Claims Against Developers By Homeowners Associations Or Owners Are Not Enfroceable

In Villa Vicenza Homeowners Ass'n v. Nobel Court Dev., LLC, No. D054550 (4th Dist. Jan. 11, 2011, the Fourth District of the California Court of Appeal held that a provision in a declaration of covenants, conditions and...more

Contractor Beware: That "Flow-Down Clause" May Not Flow as Far as You Think

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

Texas Supreme Court Sends Homeowner to Arbitration With No Written Contract

This article analyzes an opinion in which the Texas Supreme Court required a homeowner, who had not signed an arbitration agreement with the builder, to arbitrate her claims of defective construction against the builder....more

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