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Preemption › Construction Contracts

Jones Day

Home-Court Rules and Construction Disputes: An Update

Jones Day on

Home-Court Statutes Continue to Spread. Forum-selection and choice-of-law provisions are meant to give contracting parties control over where a potential dispute between them will be litigated, and what law will govern...more

Troutman Pepper

Federal Arbitration Act Preempts Florida State Statute Which Prohibits Out-of-State Resolution of Construction Claims Involving...

Troutman Pepper on

Sachse Constr. & Dev. Corp. v. Affirmed Drywall, Corp., 2018 Fla App. Lexis 9998 (July 18, 2018) - Sachse Construction, a Michigan-based general contractor, entered into a subcontract (the “Subcontract”) with Affirmed...more

Poyner Spruill LLP

State Statute Trumped by Federal Arbitration Act

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To protect contractors and subcontractors working on North Carolina construction projects, state law prohibits the enforcement of any agreement subjecting the parties exclusively to the laws of another state or making the...more

Troutman Pepper

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

Troutman Pepper 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

Ward and Smith, P.A.

North Carolina Court of Appeals Declines to Enforce Arbitration Clause in Construction Contract

Ward and Smith, P.A. on

An arbitration clause in a contract can affect the method parties will use to resolve disputes, what remedies are available to them, and, most importantly, where they will arbitrate and what state's laws will apply. A recent...more

Clark Hill PLC

Owners and Developers Beware: Federal Law Preempts Your Remedies Against Design Professionals for ADA Violations

Clark Hill PLC on

Recent years have seen a proliferation of lawsuits against building owners and businesses for violation of the accessibility requirements of the Americans with Disabilities Act (ADA). Not only restaurants, but also hotels,...more

McGuireWoods LLP

Does the False Claims Act Preempt An Attorney Relator’s Ethical Obligations?

McGuireWoods LLP on

In United States ex rel. Holmes v. Northrop Grumman Corp., No. 1:13-cv-85, 2015 WL 3504525 (S.D. Miss. June 3, 2015), the court answered this question with a resounding “no” and provided a laundry list of ethical violations...more

Snell & Wilmer

Taxation on Indian Reservations: To Balance or Not to Balance, That Is the Question

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Introduction - The ability of the states to impose a tax upon transactions occurring on an Indian reservation has evolved substantially in the past 50 years. After numerous court decisions, the Indian preemption...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Finds Maryland’s Long-Term Contract for Differences Unconstitutional

Akin Gump Strauss Hauer & Feld LLP on

On September 30, 2013, the United States District Court for the District of Maryland issued its decision in PPL Energyplus, LLC v. Nazarian. The case has been watched by many for its potential implications with respect to...more

Proskauer - Government Contractor Compliance...

Second Circuit Reaffirms Preemptive Scope Of The Davis-Bacon Act

Proskauer - Government Contractor Compliance... on

Last week the Second Circuit issued an opinion reaffirming that the Davis-Bacon Act preempts state law claims by workers to enforce prevailing wage rates as third-party beneficiaries to a contract....more

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