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Construction Disputes Attorney's Fees

Robinson+Cole Construction Law Zone

Attorneys’ Fees and the American Arbitration Association Rule

A common question from clients, when a dispute arises on a construction project, is whether they can recover their attorney’s fees from the other side if they pursue a case and win. More often than not, such fees are not...more

Robinson+Cole Construction Law Zone

A Prevailing Party Provision Should Define What It Means to Prevail

A typical prevailing party contract provision allows the prevailing party in litigation or arbitration to recover their attorney’s fees from the other party. It is an attractive provision when negotiating a construction...more

Cole Schotz

Litigation Pitfalls – An Illustration of Why Settlement Should Always be an Option

Cole Schotz on

When does a claim for $50,000 against your business end up costing you two or three times that amount? When you lose the case you’re litigating, in full or in part, and you end up owing years of interest and attorneys’ fees...more

Carlton Fields

Case Law Update: Setoffs and the “Prevailing Party” Determination

Carlton Fields on

The Diaz Fritz Group Inc. was the general contractor for the construction of an addition to the University Community Hospital in Tampa, Florida. Diaz Fritz hired a subcontractor, Hayward Baker Inc., to perform foundation work...more

White and Williams LLP

Arizona Purchaser Dwelling Actions Are Subject to a New Construction

White and Williams LLP on

Arizona recently amended its Purchaser Dwelling Action statute to, among other things, involve all contractors in the process, establish the parties’ burdens of proof, add an attorney fees provision, establish procedural...more

Carlton Fields

District Court Find No Federal Question Jurisdiction In Action Challenging Arbitration Award Based On Arbitrator Bias

Carlton Fields on

A federal court has rejected the attempt of the losing party in an arbitration to engage in discovery regarding the potential bias of the arbitrator, finding that it had no jurisdiction over the matter because it did not...more

Troutman Pepper

Agreements to Arbitrate Are Simple, Right?

Troutman Pepper on

The construction industry has been a leader in the use of arbitration to resolve disputes. In the past 30 years, it is fair to say that arbitration has outpaced litigation as the dominant method of dispute resolution. The...more

JAMS

JAMS Global Construction Solutions Newsletter, Winter 2014

JAMS on

In This Issue: The Evolution of Expert Witness Law under U.K. and U.S. Jurisdiction; ConsensusDocs Lists JAMS as One of Two Named Arbitration Providers; Using Attorneys’ Fees to Promote a Better Result; Using...more

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