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World Bank Debars Chinese Engineering Company for Fraudulent Bidding Practices in Connection With Liberian Infrastructure Project

On June 12, 2019, the World Bank announced that China-based Dongfang Electronics Co. Ltd. (“Dongfang”) would be debarred for fifteen (15) months for fraudulently bidding on a $60 million electrical expansion project in...more

A Pivotal Ruling for Appellate Arbitration Award Enforcement

In 2008, the U.S. Supreme Court in Hall Street Associates LLC v. Mattel Inc. determined that parties may not contractually agree to expand judicial review of arbitral awards beyond the grounds set forth in the Federal...more

The Lessor of Two Evils: Iowa Supreme Court Holds That Mechanic’s Liens Will Not Attach to the Property of a Lessor for Work...

Winger Contr. Co. v. Cargill, Inc., No. 17-1169, 2019 BL 132092 (Iowa Apr. 12, 2019). On April 12, 2019, the Iowa Supreme Court affirmed a lower court ruling which held that, inter alia, the Iowa mechanic’s lien statute...more

Federal Court Clarifies When Idle Equipment Costs Are Recoverable Under the Miller Act

United States ex rel. Am. Civ. Constr., LLC v. Hirani Eng’g & Land Surveying, P.C., 2018 U.S. Dist. LEXIS 200829 (D.D.C. Nov 28, 2018). The case involved the construction of a levee wall on the National Mall in Washington,...more

Kavanaugh's First Opinion: In Arbitration Agreements, Delegation Means Delegation

The U.S. Supreme Court recently issued another decision making it easier for parties to arbitrate. This time, the Court did away with any exceptions to clauses delegating to arbitrators the right to decide their own...more

Boring Through The Details: U.S. District Court Declares Boring Company Dispute Not Covered by Insurance Policies

Maxum Indemnity Co. v. Robbins Co., P.C., No. 1:17-CV-01968, 2018 U.S. Dist. LEXIS 57729 (N.D. Ohio Mar. 28, 2018) - On March 21, 2018, the United States District Court for the Northern District of Ohio granted a motion...more

Deciding Arbitrability And Arbitration Agreements: Eleventh Circuit Refines Its Interpretation Of The Federal Arbitration Act And...

Outokumpu Stainless USA, LLC v. Converteam SAS, 2018 U.S. App. LEXIS 24671 (11th Cir. Aug. 30, 2018) - On August 30, 2018, the Eleventh Circuit Court of Appeals reversed a lower court decision to compel arbitration between...more

When a Flow Down Provision Doesn’t Flow Up: Oregon Appellate Court Holds That a Flow Down Provision From a Prime Contract With an...

Eugene Water & Elec. Bd. v. MWH Americas, Inc., 2018 Ore. App. LEXIS 879 (July 25, 2018) On July 25, 2018, an Oregon appellate court concluded that a pair of subcontractors could not compel an owner to arbitrate its claims...more

Shedding Light on the AAA's Streamlined Three-Arbitrator Panel Option

On May 1, 2017, the American Arbitration Association (AAA) announced a new procedure under the AAA’s Arbitration Rules aimed at lowering the administrative cost of arbitrations involving three-arbitrator panels. Originally...more

Massachusetts Supreme Court Declares That State Contract Principles, Not Federal Precedent, Govern The Interpretation Of...

A.L. Prime Energy Consultant, Inc. v. Mass. Bay Transport Auth., 479 Mass. 419 (May 2, 2018) - In a case of first impression, the Massachusetts Supreme Court held that general contract principles, and not federal case law,...more

Are Consent Awards Under The New York Convention Enforceable In U.S. Courts? Federal Court In Texas Says Yes

Transocean Offshore Gulf of Guinea VII Ltd. v. Erin Energy Corp., 2018 U.S. Dist. LEXIS 39494 (S.D. Tex. Mar. 12, 2018) - On March 12, 2018, in Transocean Offshore Gulf of Guinea VII Ltd. v. Erin Energy Corp., the U.S....more

The 2018 Update to the CPR's Non-Administered Arbitration Rules: A Reflection of Current Trends in Arbitration

On March 5, 2018, the International Institute for Conflict Prevention & Resolution (CPR) unveiled its revised Non-Administered Arbitration Rules (the CPR Non-Administered Rules). The 2018 revisions mark the first update to...more

Supreme Court Of North Dakota: Where Contract Provided That Either Party Could Cancel Upon 30 Days’ Notice, The Non-Breaching...

Cont’l Res. v. P&P Indus., LLC, 2018 N.D. Lexis 20 (January 22, 2018) - In 2013, Continental Resources Inc. (“Continental”), an oil producer doing business in North Dakota, entered into a master servicing agreement,...more

No Privity, No Problem: Louisiana Court Of Appeals Holds That Project Manager Owes A Duty Of Professional Care To General...

Lathan Co. v. State, No. 2016-CA-0913, 2017 La. App. LEXIS 2277 (La. App. 1st Cir. Dec. 6, 2017). On December 6, 2017, the Louisiana Court of Appeals, First Circuit, reversed and remanded the trial court’s decision to...more

Federal Court in New Jersey Holds That Failure to Timely File an Affidavit of Merit Dooms Owner’s Claim for Breach of Contract...

Frontier Dev. LLC v. Craig Test Boring Co., 2017 U.S. Dist. Lexis 149950 (D.N.J. Sept. 15, 2017) - On September 15, 2017, the Federal District Court for the District of New Jersey dismissed plaintiff’s, Frontier...more

A Frustrating Exercise: Federal District Court In Iowa Declines To Grant Summary Judgment On Frustration Of Purpose Doctrine In A...

Rembrandt Enters., Inc. v. Dahmes Stainless, Inc., No. C15-4248-LTS, 2017 U.S. Dist. LEXIS 144636 (N.D. Iowa Sept. 7, 2017) - On September 7, 2017, the Federal District Court for the Northern District of Iowa denied a...more

Federal District Court in South Dakota Compels Arbitration Despite Defendant’s Failure to First Submit the Dispute to the Project...

Dlorah, Inc. v. KLE Constr., LLC, No. CIV. 16-5102-JLV, 2017 U.S. Dist. LEXIS 11043 (D.S.D. July 17, 2017) - Plaintiff, Dlorah, Inc. (“Dlorah”), filed suit against defendant, KLE Construction, LLC (“KLE”), in connection...more

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