Residential Real Estate, Alternative Dispute Resolution (ADR), Construction Law

Careful Drafting Can Prevent Dispute Clauses from Being Ignored

by Joseph Kovars | Ober|Kaler on 4/22/2013

Two recent cases highlight the pitfalls facing construction parties -- owners, contractors and subcontractors -- when they use fairly common contract clauses that address how they want disputes decided. In one case, the...more

Dispute Resolution Boards: Understanding Their Form, Function and Benefits

by Kimberly Gessner | Fowler White Boggs P.A. on 2/26/2013

There is a growing trend in Construction leaning towards “preventative law” in the shape of what is referred to as Dispute Resolution Boards (“DRB”), resulting in saving time, project costs, and legal fees both during and...more

How to Guarantee the HOA Can't Litigate Condo Construction Defect Claims

by Jared Berg, John Mill | Sherman & Howard L.L.C. on 1/30/2013

Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is a way to do this. ...more

Developers May Require That Construction Defect Disputes Be Resolved Through Arbitration

by Meredith Jones-McKeown | Sheppard Mullin Richter & Hampton LLP on 11/20/2012

The California Supreme Court recently ruled that developers – by including an arbitration provision under the Federal Arbitration Act (FAA) in Homeowners’ Association Covenants, Conditions and Restrictions (“CC&R’s”) – may...more

Arbitration of Construction Defect Claims Against Developer and General Contractor

by Polsinelli on 10/18/2012

Denver District Court orders arbitration of construction defect claims in Glass House Residential Association v. Alta Riverfront LLC et al, no. 2012CV1531....more

Condominium Developers Can Require Arbitration for Construction Defect Lawsuits Through Project CC&Rs

by Kronick, Moskovitz, Tiedemann & Girard on 10/9/2012

The California Supreme Court recently held that the developer of a condominium project may unilaterally impose arbitration on an owners association by recording a declaration of covenants, conditions, and restrictions that...more

California Supreme Court Enforces Arbitration Provision in Construction Defect Case

by Snell & Wilmer L.L.P. on 9/14/2012

In our December 2011 Under Construction newsletter, we reported on the tendency of certain California courts to decline to enforce arbitration provisions in construction defect cases. See Arbitration in California...more

Under Construction - Fall 2012

by Snell & Wilmer L.L.P. on 9/14/2012

In This Issue: - Letter from the Editor - California Supreme Court Enforces Arbitration Provision in Construction Defect Case - Colorado News: Designation of Non-Parties at Fault in Construction Defect Cases...more

Graphics to Help You Better Build Your Construction Case

by Cogent Legal on 9/11/2012

In construction litigation, almost every description—from Aggregate, Beater Bars and Canusa wraps, to Wonderboard, Yokes and Z-bars—involves specialized language of the trade that must be made understandable. Visual aids...more

Legal Update: California Supreme Court Recognizes Enforceability of Mandatory Arbitration Clause Recorded in CC&Rs in Construction...

by Miller Starr Regalia on 8/21/2012

The California Supreme Court has issued its long anticipated decision in Pinnacle Museum Tower Association v. Pinnacle Market Development (U.S.), LLC, et al. The Court upheld a condominium developer’s ability to enforce a...more

Key Calif. Supreme Court Decision for Developers in Resolving Construction Defect Disputes

by Duane Morris LLP on 8/20/2012

On August 16, 2012, the California Supreme Court in Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC held that arbitration provisions in Covenants, Conditions and Restrictions (CC&Rs) are enforceable...more

Developers Earn Major Victory in California Supreme Court Regarding Enforcement of Arbitration Provisions in CC&Rs

by Allen Matkins Leck Gamble Mallory & Natsis... on 8/17/2012

Earlier today, the California Supreme Court issued a significant opinion in the matter of Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, et al., holding that arbitration provisions in recorded...more

For Housing Developers Seeking Enforcement of ADR Provisions, the Line Forms at the Rear

by Allen Matkins Leck Gamble Mallory & Natsis... on 7/31/2012

On July 25, the California Supreme Court added to its logjam of cases addressing the enforceability of alternative dispute resolution (ADR) provisions in Covenants, Conditions and Restrictions (CC&Rs) recorded by developers....more

CALIFORNIA REAL ESTATE LAW: 2012: The Year Ahead...

by Kathleen Carpenter, Esq. on 1/11/2012

As we begin 2012, Luce Forward's Real Estate Group would like to highlight a number of new developments in California law affecting residential and commercial developers, real estate professionals and others in the real...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

Arbitration Is Exclusive Remedy for Displeased New-Home Warranty Claimants, per N.J. Appellate Division

by Duane Morris LLP on 5/25/2011

In Frumer v. National Home Insurance Company,1 the New Jersey Superior Court, Appellate Division, held that arbitration was the exclusive remedy available to plaintiffs, pursuant to the terms of the plaintiffs' new-home...more

Can Builders Still Require New Home Purchasers to Participate in Mandatory Binding Arbitration?

by Miller Starr Regalia on 5/24/2011

Recent judicial decisions in California have demonstrated that it is very difficult for a home or condominium developer or builder to require a home buyer to participate in binding arbitration or judicial reference authorized...more

New Jersey Significantly Amends Construction Lien Law, Effective Immediately

by Duane Morris LLP on 2/1/2011

On January 5, 2011, N.J. Governor Chris Christie signed into law significant revisions to the New Jersey Construction Lien Law (CLL),1 which take effect immediately. The most significant changes are summarized...more

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

by Sheppard Mullin Richter & Hampton LLP on 1/24/2011

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

Collyer Bristow LLP Construction Update

by Jane Hughes on 9/13/2010

Here is the latest of Collyer Bristow's regular updates on Construction Law. Press Ctrl to click through to the articles. For further information visit www.collyerbristow.com or email Jane Hughes at...more

Is An Arbitration Provision In Recorded CC&Rs Ever Enforceable By The Developer?

by Miller Starr Regalia on 9/10/2010

Note To Reader: As this article goes to press, the Fourth District Court of Appeal has received the parties’ supplemental briefs, and is preparing to rehear Villa Vicenza Homeowners Association v. Nobel Court Development,...more

2010 South Carolina Constrution Law Update

by William Watkins on 9/9/2010

This is an update on the key decisions in South Carolina concerning Construction Law. Mechanics liens, contract, alternative dispute resolution, mediation, arbitration, litigations,...more

Homeowner Associations And Members Not Necessarily Bound By Arbitration Provisions In CC&RS Or In Related Purchase Agreement Where...

by Sheppard Mullin Richter & Hampton LLP on 8/10/2010

Homeowners and homeowner associations are not necessarily bound by arbitration provisions in a declaration of covenants, conditions and restrictions, or in a related purchase agreement, where the developer is the initial and...more

Texas Homebuilder Bob Perry Ordered to Pay $51 Million for Defective House

by Robert Kraft on 3/3/2010

A Tarrant County jury this week has delivered a devastating blow to homebuilder Bob Perry by awarding $51 million to a couple who sued Perry because of their defective house. The back-story to this case is quite lengthy, but...more

How California Attorneys Use Mediations to Settle Personal Injury, Business, Real Estate, Construction Disputes and Other Civil...

by Sebastian Gibson on 11/17/2009

Any good mediation attorney or civil litigation lawyer in California knows how invaluable a tool mediations can be for resolving difficult disputes and litigation. This article examines how mediations can be utilized to...more

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Residential Real Estate › Alternative Dispute Resolution (ADR) › Construction Law