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Arbitration Agreements › General Contractors

Stoel Rives - Ahead of Schedule

Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Stoel Rives - Ahead of Schedule on

Originally published by the Daily Journal of Commerce on May 18, 2023. You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable...more

Stoel Rives - Ahead of Schedule

What Parties Ought To Consider When Considering Arbitration Provisions

Stoel Rives - Ahead of Schedule on

When reviewing a proposed design or construction contract, the responding party will often do a cursory check to see whether the contract proposes arbitration or litigation for dispute resolution. So long as the proposed...more

DirectEmployers Association

OFCCP Week In Review: June 2021 #5

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Bradley Arant Boult Cummings LLP

Does Your Construction Contract Involve Interstate Commerce? If So, Expect Your Arbitration Agreement to Be Enforced

Bradley Arant Boult Cummings LLP on

Whether an arbitration agreement is enforceable is a frequently litigated matter in construction disputes. Federal policy strongly favors arbitration. Typically, the Federal Arbitration Act (FAA) will preempt any contrary...more

Bennett Jones LLP

Incorporation of Arbitration Clauses by Reference: A Cautionary Tale

Bennett Jones LLP on

The British Columbia Supreme Court in MRC Total Build Ltd. v F&M Installations Ltd., 2019 BCSC 765 [MRC Total Build] recently considered an application by a general contractor to stay proceedings commenced by a subcontractor...more

Kilpatrick

Owner's Participation in Pretrial Litigation Does Not Amount to a Waiver of Arbitration

Kilpatrick on

Proving waiver of a party’s contractual right to arbitrate has often been a laborious obligation of the party bearing such burden. Because the law strongly favors arbitration, the burden to prove the defense “is a high one.”...more

Winstead PC

Interpreting Arbitration Agreements: Two Key Points from Recent Texas Supreme Court Decisions

Winstead PC on

The Texas Supreme Court recently added another opinion to its ever-growing body of law interpreting arbitration agreements. The opinion falls in line with prior decisions on two key issues: 1. what amounts to waiver of the...more

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