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Arbitration General 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 -
Stoel Rives LLP

Subcontracts: Tips For General Contractors And Subcontractors

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Drafting and negotiating subcontracts can be tricky for both general contractors and subcontractors. General contractors are caught in between owners and subcontractors as the ones that will be held responsible for the work...more

Snell & Wilmer

Arbitration Lessons From a Arizona Recent Case, Chayce Concrete, LLC v. Path Construction Southwest, LLC

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In Chayce Concrete, LLC v. Path Construction Southwest, LLC, the Arizona Court of Appeals reaffirmed Arizona courts’ deference to arbitrators when it comes to confirming an arbitrator’s award. The opinion further highlights...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

BCLP

The IBA Site Visit Protocol: A framework for Avoiding Disputes Within Disputes

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Site visits can play an important part in construction arbitration, allowing the tribunal to gain a clearer understanding of the works in dispute. However, agreeing the terms of a site visit can be a contentious process...more

Bradley Arant Boult Cummings LLP

Mistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge...

Helen Christakos a partner in our U.S. Privacy and Data Security practice, Tom Butcher a partner in our international Telecommunications, Media and Technology (TMT) group and Head of Middle East Communications, Technology and...more

Mayer Brown

Legal Developments in Construction Law: September 2024

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1. SUPREME COURT PUTS COLLATERAL WARRANTIES IN THEIR THEIR PLACE - Can a collateral warranty be a "construction contract" under the Construction Act, an agreement for the carrying out of construction operations?...more

BCLP

Abbey Healthcare - A Prompt for Considering Contractual Adjudication in Collateral Warranties?

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An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more

Ankura

Mediating Construction Claims in Real-Time

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Why Owners and Contractors Should Consider a “Third-Party Neutral” To Resolve Disputes Prior to the Completion of a Project - A Third-Party Neutral During Construction Primer - What Is a Third Party Neutral? A...more

Bradley Arant Boult Cummings LLP

The Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Mistake No. 1: Not Realizing It’s All About the Facts

I have practiced law for 40 years, with the vast majority spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving well over 300...more

Ward and Smith, P.A.

Examining Changes to North Carolina's Law Governing Recovery of Attorneys' Fees in Construction Lien and Payment Bond Disputes

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Legal disputes arising from construction projects commonly involve lien claims (in the case of private construction projects) or payment bond claims (in the case of public construction projects) asserted by a general...more

Stoel Rives -  Ahead of Schedule

Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Originally published by the Daily Journal of Commerce on May 18, 2023. You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable...more

Stoel Rives -  Ahead of Schedule

What Parties Ought To Consider When Considering Arbitration Provisions

When reviewing a proposed design or construction contract, the responding party will often do a cursory check to see whether the contract proposes arbitration or litigation for dispute resolution. So long as the proposed...more

DarrowEverett LLP

AIA Contracts are Especially Best Measured Twice and Cut Once

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In fast-paced industries such as the construction industry, it is easy to assume that standardized form contracts provided by the American Institute of Architects (“AIA”) will prevent, rather than cause, problems further down...more

Saiber LLC

The Saiber Construction Law Column: November/December 2022

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In July 2022, the Supreme Court of New Jersey issued an opinion, Crystal Point Condominium Association, Inc. v. Kinsale Insurance Co., which considered whether (1) a condominium association that had obtained default judgments...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 10, 2022

New and Revised AAA Rules that May Affect Your Construction Contracts - Does your contract contain a dispute resolution section that refers to the American Arbitration Association (“AAA”) rules, mediation and/or...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Brett Lamb, Founder and CEO of Construction Discovery Experts, sits down with Kaylee & Mary

Brett Lamb, founder and CEO of Construction Discovery Experts, sits down with Kaylee & Mary to talk about the construction specific services his firm provides including construction specific communication applications like...more

Miles Mediation & Arbitration

Will General Contractors or Subcontractors Get Hammered by New State Legislation?

There has been a growing trend of states enacting legislation making general contractors jointly and severally liable for the wages, benefits and supplements owed by project subcontractors to that subcontractor’s workers. ...more

JAMS

[PODCAST] Demystifying Mediation Myths in the Construction Industry

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A podcast from JAMS featuring neutrals Patricia H. Thompson, Esq., FCIArb, and Bruce A. Edwards, Esq., on some of the top myths on ADR within the construction industry - In this podcast, JAMS neutrals Patricia Thompson...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights: Issue 2, 2022

What Does Biden's Union Mandate Mean for Construction Projects? "President Biden signed an executive order that would require large projects funded by the infrastructure law to use project labor agreements — pre-contract...more

Davis Wright Tremaine LLP

California Appellate Decision Highlights Importance of Ensuring Consistency Between Prime Contract and Subcontract

When a general contractor enters into a subcontract with a subcontractor, the general contractor will usually want to make sure that the subcontract is consistent with the prime contract. The general contractor wants to...more

JAMS

[PODCAST] JAMS Neutrals Featured in Construction Law Today Podcast: Examining Current Trends and the Future of Construction ADR

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JAMS neutrals join host Buzz Tarlow for an episode of the Construction Law Today podcast, produced by the American Bar Association’s Construction Forum, discussing key trends within the industry and their thoughts on what...more

JAMS

Enhancing Efficiency in Construction Disputes: Innovative Techniques for Presenting Evidence to Get to a Faster, More...

JAMS on

The rapid growth of construction arbitration over the last 20 years is a testament to its advantages over traditional litigation: speed, cost and flexibility. But as parties submit larger and more sophisticated disputes, they...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

Poyner Spruill LLP

Wright Construction Services, Inc. v. Hard Art Studio, PLLC

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Poyner Spruill recently prevailed before the North Carolina Court of Appeals.  On December 31st, 2020, in Wright Construction Services, Inc. v. Hard Art Studio, PLLC, the court reversed the Wake County Superior Court and...more

Miles Mediation & Arbitration

[Webinar] Construction ADR Webinar: Residential & Multi-Family Construction Disputes: Is There A Practical Solution? - September...

Join Miles mediator and arbitrators Jennifer Grippa and David Matthews, along with Frank Brown, partner in Weissman Law and General Counsel of the Greater Atlanta Home Builders Association, Inc., Jerry Warshaw, Founder and...more

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