Most state and federal courts have expressed a strong preference for parties to resolve their legal disputes via binding arbitration when there is an arbitration clause applicable to the dispute, but there are instances where...more
3/31/2022
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Terms ,
Dispute Resolution ,
Property Owners ,
Reversal
Most states have statutes of repose, which define the date certain for parties to assert any and all claims for construction and design related issues, and provide a final cut-off for liability with respect to a project. For...more
10/31/2018
/ Appeals ,
Construction Defects ,
Construction Litigation ,
Contractors ,
Design Defects ,
General Contractors ,
Homeowners ,
Pre-Suit Notice ,
Reversal ,
Statute of Repose ,
Subcontractors ,
Summary Judgment ,
Time-Barred Claims
There are instances where a party’s breach of the construction contract is undisputed. However, the amount of recoverable damages often hinges on the injured party’s own conduct both during and following that breach. The...more
7/20/2018
/ Affirmative Defenses ,
Appeals ,
Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Construction Workers ,
Contract Disputes ,
Damages ,
Enhanced Damages ,
General Contractors ,
Landlords ,
Liability ,
Reasonable Care ,
Remand ,
Reversal ,
Summary Judgment ,
Tenants ,
Water Damage