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Construction Contracts Federal Arbitration Act

Porter Hedges LLP

Are Forum and Choice of Law Provisions in Texas Construction Contracts Enforceable?

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Most sports fans are familiar with the concept of home field advantage — the idea that the home team gains an advantage over the visiting team because it is playing in familiar facilities, does not have to travel long...more

Jones Day

Home-Court Rules and Construction Disputes: An Update

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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

Bradley Arant Boult Cummings LLP

Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision

A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not...more

Bradley Arant Boult Cummings LLP

Does Your Construction Contract Involve Interstate Commerce? If So, Expect Your Arbitration Agreement to Be Enforced

Whether an arbitration agreement is enforceable is a frequently litigated matter in construction disputes. Federal policy strongly favors arbitration. Typically, the Federal Arbitration Act (FAA) will preempt any contrary...more

Snell & Wilmer

AIA Arbitration Provisions May Limit Recoverable Damages on Colorado Projects

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The American Institute of Architects (“AIA”) produces form contract documents widely used in the construction industry. Because of the prevalence of AIA contracts, many parties consider them to be standard and may not fully...more

Burr & Forman

Arbitrator: Produce Those Construction Documents . . . And Me: You Have No Authority!

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Construction disputes often involve voluminous amounts of discovery, including documents in the hand of third parties.  And if the case is subject to arbitration, it is likely that there will be a dispute about whether the...more

Saul Ewing LLP

Third Parties in Construction Arbitration Cases can be Compelled to Produce Documents

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Contrary to what many construction contractors and owners may believe, construction arbitration often involves substantial document production. This may include production of documents from third parties not directly...more

Troutman Pepper

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

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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

Ward and Smith, P.A.

Construction Arbitration: The Pros and Cons

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It's an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction disputes are resolved through arbitration, which is a process...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

Burr & Forman

Mississippi Supreme Court Reaffirms Narrow Role of Courts in Modifying Arbitration Awards

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The Mississippi Supreme Court recently considered the narrow role of courts in amending arbitration awards and the applicability of federal and state statutes in a choice-of-law conflict. See D.W. Caldwell, Inc. v. W.G. Yates...more

Saul Ewing LLP

Court Applies Abstention Doctrine to Dismiss Petition to Confirm Arbitration Award

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The abstention doctrine allows a federal district court to stay or dismiss a case properly before it for reasons of "wise judicial administration." The US District Court for the District of Rhode Island recently applied this...more

Troutman Pepper

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

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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

Bradley Arant Boult Cummings LLP

Arbitration Clause Requiring Arbitrators to Render a Decision within 30 Days from Their Appointment? Superfast Decision?

Ever wonder about a superfast arbitration procedure in a contract that you have been given? An arbitration clause requiring an arbitration panel to issue a decision within 30 days of being selected for the panel was recently...more

Troutman Pepper

Preventing Limitation of Liability End-Runs

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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

Ward and Smith, P.A.

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

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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

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