News & Analysis as of

Housing Developers Arbitration

Burr & Forman

Developers and Builders Beware: South Carolina Court Again Invalidates an Arbitration Clause, this Time Based on an Attempt to...

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On December 11, 2024, the South Carolina Supreme Court sent a clear message to home developers/builders – an arbitration clause that also contains a provision that violates a statute and/or South Carolina public policy may...more

Mayer Brown

Legal Developments in Construction Law: September 2024

Mayer Brown on

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

Buckingham, Doolittle & Burroughs, LLC

Dear YouDIg? An Eye for an Eye?

Dear YouDig?, I am the CEO of a prominent and established developer. It’s been a long wonderful road. We are blessed with a great team who have worked together with great success. When I look back, the only thing I wish I...more

Burr & Forman

Home Builders and Developers Beware: South Carolina Supreme Court Beats Up Hybrid Arbitration Clauses Mercilessly

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If you are a homebuilder, residential housing developer, construction industry insurer, or any one of the many participants in the industry providing affordable and decent housing for the citizens of South Carolina, you are...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

Bilzin Sumberg

Trial Court Order Enforces Condominium Declaration’s Pre-Suit Mediation and Arbitration Provisions

Bilzin Sumberg on

Analysis of Coach Homes II at Gran Paradiso Condominium Association, Inc. v. Lennar Homes, LLC et al, Amended Order Granting Motion to Dismiss or Stay, No. 20 CA 003307 NC (Fla. 12th Cir. Ct. June 28, 2021)....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

Carlton Fields

Florida Appellate Court Rules That Arbitration Agreement in Special Warranty Deed Can Bind Subsequent Purchasers

Carlton Fields on

Contracts sometimes include arbitration clauses — where the parties agree that certain disputes will be resolved through arbitration instead of through legal proceedings. A recent Florida appellate decision — Hayslip v. U.S....more

Troutman Pepper Locke

Nevada Supreme Court Rules That Arbitration Clause in Common-Interest Community’s Covenants, Conditions, and Restrictions Binds...

Troutman Pepper Locke on

United States Home Corp. v. Ballesteros Trust, 2018 Nev. LEXIS 28 (Nev. Apr. 12, 2018) - United States Home Corporation (“U.S.H.”) built homes in a Nevada common-interest community, subject to a Covenant, Conditions, and...more

Sheppard Mullin Richter & Hampton LLP

Picerne Construction Corp. v. Castellino Villas (Feb. 18, 2016, C071197)

The Third District Court of Appeal recently held that completion under the mechanics lien statute requires actual completion of the work of improvement, meaning completion of the entire structure or scheme of improvement as a...more

Burr & Forman

Should You Litigate In Court or Arbitrate the Dispute?

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Faced with the rising costs of doing business in our increasingly litigious society, today's employers are looking at any way to manage fees and costs associated with resolving disputes over employment decisions. Some of the...more

Jackson Walker

Latest Developments in Arbitration for the Construction Law Practitioner

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G. T. Leach Builders V. Sapphire V.P.: Non-Signatories’ Right to Compel Arbitration; Waiver of Right to Arbitrate - By far, the most recent, significant arbitration development for construction law practitioners was the...more

Carlton Fields

Ninth Circuit Directs Court To Vacate Ruling That Disqualified Arbitrator In The Midst Of An Ongoing Arbitration

Carlton Fields on

The dispute at issue in this case involved claims of fraud in the sale of condominium units asserted by unit purchasers against the condominium developer. Arbitration under the AAA was underway between the parties, when it...more

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