Michelle Rosenberg

Troutman Pepper Locke

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

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

2/15/2019 / American Arbitration Association , Arbitration , Construction Litigation , Construction Project , Contract Disputes , Contract Terms , Immunity , Lack of Jurisdiction

The Completed and Accepted Doctrine: When the Majority Rule Becomes the Minority

The “Completed and Accepted Rule,” or the “Completed and Accepted Doctrine,” is a judicially created doctrine that is said to have originated in the United States with the 1919 Connecticut case Howard v. Redden, in which a...more

6/1/2018 / Construction Contracts , Construction Litigation , Contract Terms , Contractors , Personal Liability , Third-Party Risk

Kentucky Supreme Court Holds “Pay-if-Paid” Provision in Subcontract Is Valid and Enforceable, Shifting Risk to Subcontractor

Superior Steel, Inv. v. Ascent at Roebling’s Bridge, LLC, 2017 Ky. LEXIS 511 (December 14, 2017) - Corporex Development and Construction Management, LLC (“Corporex”), a design builder, contracted with Dugan & Meyers...more

1/25/2018 / Appeals , Construction Contracts , Construction Industry , Contract Terms , General Contractors , Pay if Paid , Subcontractors , Vacated

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