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Arbitration Construction Disputes Contract Terms

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Blake, Cassels & Graydon LLP

Clauses de règlement des différends dans les contrats d’infrastructure publique : point de vue de l’avocat plaidant

Les grands projets d’infrastructure publique font généralement intervenir plusieurs parties prenantes et nécessitent un ensemble complexe de contrats et de sous-contrats. Une approche réfléchie de la négociation et de la...more

JAMS

The Complexities of Construction Dispute Resolution, Part I: Statutory Adjudication

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While disputes can occur in any type of commercial transaction, construction contains a unique mix of “ingredients” that increase the likelihood that disputes will arise. Whereas most commercial transactions involve only a...more

Womble Bond Dickinson

Litigation or Arbitration: Which is Better for Adjudicating Contract Disputes?

Womble Bond Dickinson on

Ask anyone with experience on construction projects, particularly large, complex “mega-projects,” and they will tell you that disputes are an expected part of doing business. It is rare that these projects come in on schedule...more

Mayer Brown

Legal Developments in Construction Law: October 2024

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1. AN AGREEMENT TO AGREE IS UNENFORCEABLE – OR IS IT? An agreement to agree is not enforceable.  For example, in a sale of goods contract, price is an essential ingredient, and if still to be agreed between the parties,...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

Poyner Spruill LLP

New Changes to AAA Construction Rules

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Many construction contracts, especially on private projects, contain alternative dispute resolution provisions.  These provisions often incorporate the Construction Industry Rules and Mediation Procedures of the American...more

Troutman Pepper Locke

I Lived It: Litigator Provides His Perspective on Solar Warranty Claims

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This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. These tips are based on my experience...more

Robinson+Cole Construction Law Zone

Architects Should Not Make Initial Decisions on Construction Disputes

A common provision often deleted from the standard form AIA documents is the provision in the AIA A201 General Conditions requiring an Initial Decision Maker (IDM) for claims between the contractor and owner. In the A201, the...more

Shumaker, Loop & Kendrick, LLP

"Arbitration Agreements in Residential Construction Contracts," ActionLine Spring 2023

Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states. This population growth has been accompanied, at least until the third quarter of 2022,...more

Bradley Arant Boult Cummings LLP

It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory...

A novel question arose over the past few years in residential construction law as to whether minors were subject to the contractual provisions in their parents’ purchase or construction contract. The contract typically has a...more

Bradley Arant Boult Cummings LLP

Step-by-Step: Failure to Strictly Comply With Dispute Resolution Procedure Can Waive Contractual Right to Arbitrate

Most state and federal courts have expressed a strong preference for parties to resolve their legal disputes via binding arbitration when there is an arbitration clause applicable to the dispute, but there are instances where...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

Hogan Lovells on

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

Troutman Pepper Locke

Not So Severable After All: Third Circuit Lets Courts Determine Arbitration Agreement Existence When Underlying Contract’s...

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On September 14, the U.S. Court of Appeals for the Third Circuit addressed the perennially thorny issue of whether the courts or arbitrators retain the authority to resolve questions involving the enforceability of...more

Pierce Atwood LLP

Virtual Mediations Are Zooming Forward . . . Jump on Board

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With most of the country on stay at home orders of some variety and court closings, parties to claims, litigation, and arbitrations are adapting quickly to virtual litigation activities that are customarily done in person. ...more

Troutman Pepper Locke

New International Arbitration Study Offers Construction Dispute Insight

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On Nov. 21, the Queen Mary University of London School of International Arbitration, in partnership with the U.K.-based law firm Pinsent Masons LLP, released its ninth annual international arbitration survey focused on...more

Troutman Pepper Locke

New Int'l Arbitration Study Offers Construction Dispute Insight

Troutman Pepper Locke on

On Nov. 21, the Queen Mary University of London School of International Arbitration, in partnership with the U.K.-based law firm Pinsent Masons LLP, released its ninth annual international arbitration survey focused on...more

Buchalter

Gobble Gobble First and Then You Can Put Up the Christmas Tree. Well, Kinda.

Buchalter on

In VVM Builders, LLC v. Atkins Construction Group, LLC, No. CV195021541S (Oct. 31, 2019), the Superior Court of Connecticut squarely addressed this precise issue in a case involving a change order dispute between a contractor...more

Buchalter

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

Buchalter on

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

Bricker Graydon LLP

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

Bricker Graydon LLP on

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 Locke

UPDATE: GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC: U.S. Supreme Court Grants Writ of Certiorari to...

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As discussed in our post from last year, on August 30, 2018, the Eleventh Circuit Court of Appeals reversed a lower court decision to compel arbitration between an Alabama steel plant owner, Outokumpu Stainless USA, LLC...more

King & Spalding

Large-Scale Construction Projects: To Arbitrate, or not to Arbitrate – That is the Question

King & Spalding on

Owners and contractors involved in large-scale energy and manufacturing projects face unique challenges in bringing projects to fruition. One challenge is negotiating and drafting a contract that places the parties in a fair...more

Troutman Pepper Locke

Parties Must Proceed to Arbitration Despite Unavailability of Arbitration Forum Specifically Named in the Contract

Troutman Pepper Locke on

Paulozzi v. Parkview Custom Homes, L.L.C., 2018 Ohio App. Lexis 4739 ( Nov. 1, 2018) - This case arose out of a dispute between homeowners and their contractor. Dissatisfied with the work, the Paulozzis sued their...more

Troutman Pepper Locke

Kentucky Court of Appeals Draws a Distinction Between Substantive and Procedural Questions of Arbitrability, and Explains the...

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Ambac Assur. Corp v. Knox Hills LLC, 2018 Ky. App. Lexis 188 (June 15, 2018) - This case involves a February 1, 2007 design/build agreement governing the rights of the several parties involved with a military housing...more

Jones Day

Disputing a Final Certificate: Does the Contractor Still Need to Pay?

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The Situation: Most construction contracts, including AS4000 and AS2124, stipulate that a final certificate is issued following completion of the work, stating the final amount payable between the parties. The Development:...more

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