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Construction Alternative Dispute Resolution (ADR)

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

Court Rejects Claim That Arbitrator’s Ruling Was In Manifest Disregard Of The Law

by Carlton Fields on

A court has granted a petition to confirm an arbitration award despite the defendant’s argument that the arbitrator acted in manifest disregard of the law. While acknowledging questions regarding the continuing viability of...more

Tokyo Dispute Resolution & Crisis Management Newsletter – April 2017

by King & Spalding on

Building a Favorable Project Record During Construction Disputes - The value and importance of the written record in a dispute arising from a major construction project cannot be overstated. Even when project personnel are...more

The new FIDIC White Book for Consultancy Services

by White & Case LLP on

FIDIC has recently published the 5th Edition of its Client/Consultant Model Services Agreement (the White Book). The White Book is an important part of the FIDIC suite and is one of the most widely used forms of professional...more

Construction Advisory: Passage, Defeat, and Uncertainty: The Colorado General Assembly Tackles Construction Defect Reform in the...

by Sherman & Howard L.L.C. on

The Colorado General Assembly is heading towards the conclusion of this year’s legislative session. Although one construction defect bill, House Bill 1279, passed the House and is expected to pass the Senate, most bills have...more

Second Circuit Finds Arbitrator Did Not Commit A Manifest Disregard Of The Law In Dispute Over Construction Work At The Whitestone...

by Carlton Fields on

In a dispute between a construction company hired by New York State to replace a portion of the Whitestone Bridge and a steel company regarding the timeliness of certain deliveries related to the project, the Second Circuit...more

DIFC Courts propose specialist Technology and Construction Division

by White & Case LLP on

DIFC Courts seek public consultation for proposed specialist Technology and Construction Division. The DIFC Courts are an important forum for dispute resolution in the Gulf and wider Middle East region. However,...more

Money, Dirt and Steel: Spring 2017

by Williams Mullen on

When Are Your Subcontractor's Employees Your Employees? In January, the Fourth Circuit Court of Appeals entered its decision in Salinas v. Commercial Interiors, Inc., ruling that a contractor and its subcontractor can be...more

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

Federal Court in Alabama Rules that 1999 Amendment to the Miller Act Does Not Preclude Arbitration of Underlying Claims

by Pepper Hamilton LLP on

United States v. Int’l Fid. Ins. Co., No. 16-0472-WS-C, 2017 U.S. Dist. LEXIS 16791 (S.D. Ala. Feb. 7, 2017) - This action arose out of a payment dispute between Bay South Limited, Inc. (“Bay South”) and Stephens...more

Adjudication case review: challenging an adjudicator's jurisdiction

by Dentons on

Adjudication case review: recent adjudication enforcement decisions - While disputes referred to adjudication have become increasingly complex, the fundamental principles remain largely unchanged – an adjudicator's...more

Drafting Arbitration Clauses in Construction Contracts

by JAMS on

Many construction lawyers who specialize in transactional work acknowledge that they do not spend much time considering or negotiating the arbitration clauses in construction contracts. Should an arbitration clause be just a...more

Rhode Island Supreme Court Rules That Despite Deference Afforded Arbitrator, the Award Must Be Vacated Where Arbitrator’s Decision...

by Pepper Hamilton LLP on

Nappa Constr. Mgmt., LLC v. Flynn, 2017 R.I. LEXIS 13 (R.I. Jan. 23, 2017) - Caroline and Vincent Flynn (the “Flynns”) contracted with Nappa Construction Management, LLC (“Nappa”) to construct an automobile repair...more

Under Construction - March 2017

by Snell & Wilmer on

Letter from the Editor - Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company. An issue that seems to commonly come up in cost-plus...more

Federal Court in California Rules That the Federal Arbitration Act Preempts California Statute That Requires Arbitrations Relating...

by Pepper Hamilton LLP on

Bell Prods. v. Hosp. Bldg. & Equip. Co., 2017 U.S. Dist. LEXIS 9183 (ND of Cal. Jan. 23, 2017) - A Contractor, Hospital Building and Equipment Company (“HBE”) entered into a subcontract with a mechanical subcontractor,...more

JAMS Global Construction Solutions Newsletter, Spring 2017

by JAMS on

Reallocation Actions and Settlement Agreements: What Did We Settle? - The purpose of a settlement and release agreement is to fully and finally dispose of a disputed matter. However, more and more often, a dispute cannot...more

Texas Court of Appeals Holds That the Effect of a Failure to Meet a Specific Contractual Deadline for Arbitration is a Procedural...

by Pepper Hamilton LLP on

Tilson Home Corp. v. Zepeda, No. 14-16-00075-CV, 2016 Tex. App. LEXIS 12022 (Tex. App. Nov. 8, 2016) - The Court of Appeals of Texas has held that an arbitrator—not a trial court—must determine whether a prerequisite to...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

Under Construction - December 2016

by Snell & Wilmer on

Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with...more

Dispute Resolution Provision, in AIA 201-1997 General Conditions, Narrowly Construed by Trial Court

by Clark Hill PLC on

A federal trial court in New Jersey narrowly interpreted the AIA general conditions (Form A201-1997) relating to dispute resolution. Specifically, the court in Blackman Co. v. GE Bus. Fin. Servs., U.S. Dist. LEXIS 87904 (July...more

Tokyo Dispute Resolution & Crisis Management Newsletter – November 2016

by King & Spalding on

Negotiating An In-Project Construction Dispute - Introduction - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the...more

Court Grants Default Judgment Confirming Arbitration Award, With A Lesson On Jurisdiction

by Carlton Fields on

Choice Hotels filed an application to confirm an arbitration award of over $247,000 for the alleged breach of a franchise agreement by two defendants, which failed to timely commence construction of a hotel. The defendants...more

Arbitration Clause Requiring Arbitrators to Render a Decision within 30 Days from Their Appointment? Superfast Decision?

Ever wonder about a superfast arbitration procedure in a contract that you have been given? An arbitration clause requiring an arbitration panel to issue a decision within 30 days of being selected for the panel was recently...more

To Arbitrate Or Not To Arbitrate – Or Do We Even Get To That Question?

Chances are that if you work in the construction industry, you have had at least one construction dispute. The longer you work in the construction industry, the greater chance you have of encountering a dispute that does not...more

Settle Now, Argue Later: Expedited Construction Adjudication Is Coming to North America

by JAMS on

Construction adjudication, the dispute resolution method credited with reducing construction litigation by more than 80 percent in the United Kingdom, is coming to North America. The adjudication method requires disputes...more

Massachusetts Appeals Court Upholds Confidentiality of Mediation and Highlights the Art of Dealing with Distress

The Massachusetts Appeals Court recently issued an opinion in ZVI Construction Co. v. Levy, et al., 90 Mass. App. Ct. 412 (2016) refusing to override the terms of a written confidentiality agreement entered into between...more

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