Construction Law, Conflict of Laws

Arbitrate, don't surrender!

by Thomas Valkenet on 3/19/2013

One-sided arbitration clauses don't survive judicial scrutiny in Maryland's state and federal courts. Maryland contract law will not enforce an arbitration clause lacking mutuality of consideration....more

Litigation Update: California Supreme Court Grants Review Of L.A. Light Rail Case

by Greenberg Glusker Fields Claman & Machtinger... on 8/21/2012

On August 8th, the California Supreme Court granted review of the Second District Court of Appeal’s decision in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority. As previously blogged in April, the...more

Is Pro Bono Really The Answer To The Legal System's Problems?

by Zlien on 8/21/2012

The Associated Press published a story this weekend titled "Lawyers across US urged to give more free services," and a read-through inspired me to write this blog. Solving the huge gap between legal services offered (by...more

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

by Manatt, Phelps & Phillips, LLP on 7/9/2012

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

Gewerberecht - Gewerberecht in Belgien

by Kocks & Partners Rechtsanwälte Belgien on 5/28/2012

Sowohl die Handelstätigkeit, als auch das Handwerk sind in Belgien ausführlich gesetzlich geregelt. Dabei unterscheidet sich das Handwerk von der Handelstätigkeit insofern, als durch das Handwerk vornehmlich...more

Arbitration in California Construction Defect Cases - After AT&T Mobility v. Concepcion

by Snell & Wilmer L.L.P. on 12/19/2011

The U.S. Supreme Court's recent decision in AT&T Mobility LLC v. Concepcion, 563 U.S. ___, 131 S.Ct. 1740 (2011) (Concepcion) has engendered considerable controversy for upholding arbitration provisions in consumer contracts...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

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

by Dickinson Wright on 8/10/2011

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

Local Air District Rule Requiring Development Sites To Reduce Amount Of Pollutants Emitted Not Preempted By The Clean Air Act

by Sheppard Mullin Richter & Hampton LLP on 1/5/2011

National Association of Home Builders v. San Joaquin Valley Unified Air Pollution Control District, No. 08-17309, (9th Cir., December 7, 2010) In NAHB v. San Joaquin Valley UAPCD, the United States Court of Appeal for the...more

"Pay if Paid" Clause Unenforceable in New York

by Vincent Pallaci on 12/21/2010

"Pay if paid" clauses are typical in many construction contracts around the country. But in New York, the "pay if paid" clause has been deemed to be against public policy and is unenforceable....more

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

by Reed Smith on 6/10/2010

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

Parques urbanos: a natureza na cidade - uma análise da percepção dos atores urbanos

by Lucas de Alencar Oliveira on 10/1/2003

Parques urbanos têm sido criados em todo o mundo desde o século XVIII, com objetivos de amenizar os problemas sociais e ambientais citadinos gerados pelo crescimento urbano desordenado. Esses espaços...more

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Construction Law › Conflict of Laws