News & Analysis as of

Arbitration Contract Disputes Contractors

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Bradley Arant Boult Cummings LLP

Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards

“Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to the Fifth Circuit’s decision in U.S....more

Stoel Rives -  Ahead of Schedule

The Collective Cost Paid For Arbitration’s Numerous Benefits

Arbitration agreements have become commonplace in construction contracts. As a result, a significant portion of construction disputes are resolved privately through arbitration rather than in public courts. This article...more

Bradley Arant Boult Cummings LLP

Get the F*** Off My Site! Court Upholds Verbal Contract Termination

An Idaho court has confirmed an arbitration award for a general contractor who left a project and did not return after being told by the owner to “get the f*** off my site.” The case involves the construction of five...more

Pillsbury Winthrop Shaw Pittman LLP

Civilian Board of Contract Appeals Releases Fiscal Year 2021 Annual Report

Contractors docketed only 364 new appeals during FY 2021. The Board issued an advisory opinion for the first time in its 14-year history. The Board plans to offer the option to conduct hearings and ADR proceedings...more

Bradley Arant Boult Cummings LLP

Enforcing Electronic Contracts in Texas When the Other Party Denies Signing

As an ever-increasing amount of contract negotiation and execution is done online, new legal issues have arisen from such transactions. Consider the following scenario: You are a general/prime contractor. You have a...more

Cohen Seglias Pallas Greenhall & Furman PC

Construction in Brief: 2018 Volume 3

Welcome to the fall edition of Construction in Brief! In this issue, we provide the latest information on a number of legislative changes affecting your business. ...more

Troutman Pepper Locke

Preventing Limitation of Liability End-Runs

Troutman Pepper Locke on

Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and...more

JAMS

Federal Arbitration Case Update | Bound and Determined

JAMS on

Owner Not Bound by Arbitration Clause in Engagement Agreement between Contractor and Law Firm - Auto Parts Manufacturing Mississippi v. King Construction - 2015 WL 1379980 - United States Court of Appeals, Fifth...more

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