Construction Alternative Dispute Resolution (ADR)

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.
News & Analysis as of

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

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

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...

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

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...

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

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

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

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

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

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

The Construct - November 2016

In This Issue: - Election 2016: Where the Candidates Stand on Issues Affecting the Construction Industry: Here we are. The rollercoaster 2016 election ends tomorrow. Millions of Americans have voted already. Polls...more

Construction Group News: What Happens in Mediation Stays in Mediation

The Massachusetts Appeals Court recently held that statements made by a party during mediation cannot be used later in a lawsuit to support a claim of fraud or similar claims. ZVI Construction Co. v. Levy, et al., 90 Mass....more

Nationwide Injunction Issued Against Fair Pay and Safe Workplaces Reporting Requirements and Arbitration Agreement Restrictions

Late Monday evening, just before the FAR Final Rule and DOL Guidance on the Fair Pay and Safe Workplaces Executive Order (FPSWP) were set to take effect, a federal district judge in Texas enjoined the implementation of the...more

North Carolina Federal Court Holds That Arbitration Clause Requiring Panel To Render A Decision Within 30 Days Is Not...

In July, a federal court in North Carolina held that an arbitration provision which required the arbitration panel to reach a decision within thirty days of their selection was not unconscionable. Arising out of a dispute...more

Third Circuit Rejects Contractor’s Challenge To Arbitral Jurisdiction Based On Failure To Comply With Agreement’s Procedural...

The Third Circuit affirmed a lower court’s ruling against a contractor challenging an arbitrator’s authority in ordering payment of delinquent contributions to employee benefit funds. Plaintiff (“Nolt”) signed a Project Labor...more

District Court Refuses To Bind Surety To Subcontract Arbitration Clause

An engineering company was hired to perform work in connection with construction and renovation of the South African Embassy, and subcontracted for sheet metal work with a third party. The subcontract contained an arbitration...more

Qatar Market Update - September 2016

An arbitrator's pet peeves - As budget cuts take effect, a slow-down in construction projects has been evident in Qatar. Another significant trend emerging is that it is becoming even more difficult to secure payment...more

Federal Court in North Carolina Holds That Impracticability of Arbitration Clause Which Required Decision Within 30 Days of...

Tribal Casino Gaming Enterprise v. W.G. Yates & Sons Constr. Co., 2016 U.S. Dist. LEXIS 86100 (W.D. NC July 1, 2016) - Tribal Casino Gaming Enterprise (the “Casino”) contracted with joint general contractors, W.G. Yates...more

New Jersey Federal District Court Holds That Arbitration Clause In AIA A201-1997 Does Not Apply To Post Construction Disputes

Blackman & Co., Inc., v. GE Bus. Fin. Servs., Inc., 2016 U.S. Dist. LEXIS 87904 (D.N.J. July 7, 2016) - Grove Street Realty Urban Renewal, LLC (“Grove Street”) contracted with Blackman & Co., Inc. (“Blackman”) to manage...more

What Federal Contractors Need to Know to Comply With Fair Pay & Safe Workplaces Rule

On August 25, 2016, the federal government implemented Executive Order 13673, first put forth by the Obama Administration in 2014.Officially known as the Fair Pay & Safe Workplaces rule, and more commonly referred to as the...more

Class Action Arbitration after Dell Webb

Agreeing to arbitrate disputes, in lieu of traditional litigation, is not a new phenomenon. As consumers, we all contractually agree to arbitrate disputes on an almost daily basis. While not everyone may read the entire...more

270 Results
|
View per page
Page: of 11
Cybersecurity

Follow Construction Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×