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Contract Disputes Arbitration Construction Project

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

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

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

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

Robinson+Cole Construction Law Zone

Recent Court Decision Warns of Dangers of Using Outdated Construction Contracts

A recent decision serves as an important reminder to all in the construction industry about the dangers of using outdated contract forms. In Hillhouse v. Chris Cook Construction, LLC, 325 So. 3d 646 (Miss. 2021), the Supreme...more

Hogan Lovells

Construction arbitration: How to use innovation to increase efficiency

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Constants of construction arbitrations include, notably, their complexity and the continued criticism of being too expensive and slow. When it comes to innovations, the construction industry should consider increasing the use...more

Bricker Graydon LLP

Ohio Court of Claims upholds necessity of contractors and sureties to follow contractual dispute resolution process

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In Berkley Ins. Co. v. Kent State University, Case No. 2018-00579, 2018-Ohio-5453 (Dec. 6, 2018), the Ohio Court of Claims held that when a construction contract contains a mandatory dispute resolution process, that process...more

Troutman Pepper

The Doctrine Of Arbitral Immunity Applied To An Arbitral Organization Absent A Showing Of Clear Lack Of Jurisdiction

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Univ. of Iowa Bd. of Regents v. Am. Arbitration Ass’n, No. 17-0949, 2019 BL 7069 (Iowa Ct. App. Jan. 09, 2019) - Modern Piping, Inc. (“Modern Piping”) and the University of Iowa, Board of Regents, and State of Iowa...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

Carlton Fields

Eighth Circuit Upholds Confirmation of Arbitration Award Directing Payment of Attorney’s Fees and Expenses Unrestricted by...

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In a case concerning a contract for the construction of a pipe conveyor system, ProEnergy Services, LLC, and its surety Western Surety Company (collectively, “ProEnergy”), appealed a judgment confirming an arbitration award...more

Williams Mullen

When Your Contract Includes an Arbitration Clause: Who Decides the Arbitrability of the Dispute?

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It is a common situation in the world of construction project disputes – the parties’ contract includes an arbitration clause. One party files a lawsuit in a court over a dispute, and the other party files a motion to stay or...more

Troutman Pepper

Appellate Court Holds That The New Mexico Unfair Practices Act Applies To A “Services” Contract For The Construction Of A Home,...

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Fogelson v. Bozzone, 2017 N.M. App. LEXIS 58 (July 26, 2017) - In May of 2008, Wallen Development, LLC (“Wallen”) entered into a written agreement to construct and sell a new home to David and Corinne Fogelson...more

Faegre Drinker Biddle & Reath LLP

The Ten Most Widely Used Alternative Dispute Resolution Methods

Over the past two decades, arbitration has lost some of its luster as the best method to resolve construction industry disputes. The perceived “judicialization” of arbitration is at the heart of the industry’s recent...more

Hogan Lovells

When does a disagreement become a dispute?

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Large construction projects provide significant scope for disputes of various types to arise between contractors and employers. An essential aspect to resolving the parties' disagreements, both in the course of executing the...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

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