News & Analysis as of

Construction Disputes

My Roof, My Rules: Arbitrators May Determine Their Own Jurisdiction When the Parties Delegate that Authority

An issue that repeatedly comes up in construction disputes is the scope of an arbitration agreement. Courts generally interpret agreements to arbitrate broadly, and, where the arbitrability of a specific claim has been at...more

Burr Alert: Procedure for Perfecting a Mechanic’s Lien Claim in Alabama

by Burr & Forman on

Introduction A mechanic’s lien is a construction lien placed on real property which arises in favor of parties who furnish labor or material that is incorporated into the construction of a building or other improvement to...more

Pacing in Construction Scheduling Disputes

by Snell & Wilmer on

On a high level, construction delay litigation involves sorting out the impacts to the critical project path and determining which party is responsible for those impacts. One of the more difficult elements of this process is...more

Tokyo Dispute Resolution and Crisis Management Newsletter - September 2017

by King & Spalding on

Construction Disputes Update: Risk Allocation and the Availability of NonContractual Claims - The fact pattern is all too common in complex commercial construction cases. Following extensive negotiations, an owner and a...more

Probability and non-probability sampling: innovative tools of truncating evidence in complex construction disputes

by Dentons on

Probability sampling is a well-established technique used to reduce the costs in lengthy and complex construction disputes. Properly applied, it is a truly innovative tool of truncating evidence in construction disputes. But,...more

The Ten Most Widely Used Alternative Dispute Resolution Methods

by Faegre Baker Daniels on

Over the past two decades, arbitration has lost some of its luster as the best method to resolve construction industry disputes. The perceived “judicialization” of arbitration is at the heart of the industry’s recent...more

JAMS Global Construction Solutions Newsletter, Summer 2017

by JAMS on

Expedited Construction Adjudication: A Better Process for Resolution of Performance Bond Disputes - For the sake of the parties and the construction project, it would be ideal if major contested construction disputes,...more

Subcontractor Sidesteps Application of No Damages for Delay Clause - Construction and Procurement Law News, Q2 2017

A typical “limitation of liability” clause in many construction contracts is a “no damages for delay” (NDFD) clause, which provides that if, through no fault of the contractor or subcontractor, the project is delayed, the...more

Limitations on Contract Damages: The ‘Betterment' Argument

by Faegre Baker Daniels on

A fundamental purpose of contract damages is to place a non-breaching party in the same position that it would have been in had its contract not been breached. Accordingly, remediation “enhancements” that give the...more

Thinking Beyond the Dispute Resolution Provision in Construction Disputes

by King & Spalding on

When parties cannot resolve a claim during a major construction project, the contract’s dispute resolution provisions do not always need to read as step-by-step instructions. To the contrary, the situation may warrant a...more

Energy Newsletter - June 2017

by King & Spalding on

Mineral and Royalty Interest MLPs: An Alternative Exit For PE-Backed Mineral and Royalty Interest Cos. - Oil and gas exploration companies no longer have to go door-to-door, or ranch-to-ranch, to negotiate oil and gas...more

Compensation events under NEC3: Prospective vs Retrospective Assessment

by White & Case LLP on

The NEC3 suite of contracts contemplates compensation events being assessed at around the time they occur or are instructed, based on the forecasted impact of the event.But if the actual cost or delay arising from an event is...more

When does a disagreement become a dispute?

by Hogan Lovells on

Large construction projects provide significant scope for disputes of various types to arise between contractors and employers. An essential aspect to resolving the parties' disagreements, both in the course of executing the...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

Ensuring an expert is independent and other issues

by Dentons on

There have been several judgments in the first few months of 2017 that are worth considering in relation to the impartiality and independence of an expert, as well as the duties of experts....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

Reallocation Actions and Settlement Agreements: What Did We Settle?

by JAMS on

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 be fully resolved where non­parties to the dispute have contributed...more

Expert evidence: is it needed, when will the court allow it and the importance of staying engaged throughout the proceedings

by Dentons on

Welcome to our latest review of expert evidence decisions with a UK construction flavour. The overriding objective of the Civil Procedure Rules (CPR) is to ensure the court deals with cases justly and at proportionate...more

Stadium Construction Dispute Turns Into FBI Investigation

by Baker Donelson on

It is not often the FBI is brought in to investigate a construction dispute regarding design, delay, and cost overruns. However, this is exactly what has happened on the taxpayer-funded baseball stadium project in Hartford,...more

Kentucky Appellate Court Holds That a Contractor May Pursue Claim of Negligent Misrepresentation Against Architect Despite Lack of...

by Pepper Hamilton LLP on

D.W. Wilburn, Inc. v. K. Norman Berry Assocs., No. 2015-CA-001254-MR, 2016 Ky. App. Lexis 206 (Ky. Ct. App. Dec. 22, 2016) - This case arose out of a construction project in which the Oldham County Board of Education...more

Building a Favorable Project Record During Construction Disputes

by King & Spalding on

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 available to provide first-hand accounts—which often is challenging...more

Virginia Supreme Court Holds That Subcontractors Did Not Waive Statute of Limitations, With The Result That The General Contractor...

by Pepper Hamilton LLP on

Hensel Phelps Constr. Co. v. Thompson Masonry Contractor, Inc., et. al., No. 151780, 2016 Va. LEXIS 166 (Va. Nov. 3, 2016) - The dispute arose from the construction of a student health and fitness center at Virginia...more

Resolving UK construction disputes – our round-up of practice and procedure

by Dentons on

Our latest Resolving Construction Disputes newsletter reviews a broad range of litigation, alternative and international dispute resolution developments and is aimed at in-house lawyers in the construction industry....more

New Pre-Action Protocol for Construction and Engineering Disputes

by Dentons on

The Pre-Action Protocol for Construction and Engineering Disputes (PAP) was introduced to encourage disputing parties to exchange information and meet to discuss, and hopefully narrow, the issues before starting court...more

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