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Arbitration Subcontractors

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 -
Bradley Arant Boult Cummings LLP

Incoterms 101: The Basics of International Trade

Fluency in Incoterms® is helpful for any contractor or materials supplier engaged in international trade. Most recent articles discussing construction and international trade emphasize how tariffs can increase construction...more

BCLP

Is the Adjudication Process Unfair?

BCLP on

On 17 June 2025 the Adjudication Society held a panel discussion, hosted by BCLP, looking at whether the adjudication process is unfair to employers, main contractors or subcontractors or does it just feel that way....more

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

Blake, Cassels & Graydon LLP

The Dispute Resolution Clause in Public Infrastructure Contracting — A Litigator’s View

Large public infrastructure projects typically involve several stakeholders and a complex array of contracts and subcontracts. A thoughtful approach to the negotiation and drafting of contractual dispute resolution clauses...more

Kohrman Jackson & Krantz LLP

Ohio Courts Reinforce Arbitration Provisions Despite Conflict, Missing Signatures and Litigation

Ohio courts are reaffirming a consistent and increasingly important theme: if your contract contains an arbitration clause, expect to be held to it. Three recent appellate decisions—Denham v. Encino Energy, LLC,...more

Bradley Arant Boult Cummings LLP

Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards

“Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to the Fifth Circuit’s decision in U.S....more

MG+M The Law Firm

Disputes on Major Subsurface Projects: Sources, and the Promise of Early Contractor Involvement

MG+M The Law Firm on

Disputes are inherent on major subsurface projects. Typically, these disputes arise out of differing subsurface conditions and disagreements about the roles, responsibilities, and risks of the various project participants in...more

Miles Mediation & Arbitration

Trending Issues in Florida Construction Law: Issues for Attorneys to be Aware of

Given the nature and complexity of construction projects, it’s not surprising that construction law is an ever-evolving amalgamation of federal, state, and local laws, rules, and regulations. Construction cases often include...more

BCLP

HK Security of Payment Ordinance: What Difference Might It Make in Practice?

BCLP on

In Wang & Lee Contracting Ltd v Young Kwong Pui Trading as In Tech Engineering [2025] HKDC 66 (Date of Decision: 3 January 2025), the District Court ordered the court proceedings to be stayed and that the plaintiff’s claims...more

Stoel Rives LLP

Subcontracts: Tips For General Contractors And Subcontractors

Stoel Rives LLP on

Drafting and negotiating subcontracts can be tricky for both general contractors and subcontractors. General contractors are caught in between owners and subcontractors as the ones that will be held responsible for the work...more

Snell & Wilmer

Arbitration Lessons From a Arizona Recent Case, Chayce Concrete, LLC v. Path Construction Southwest, LLC

Snell & Wilmer on

In Chayce Concrete, LLC v. Path Construction Southwest, LLC, the Arizona Court of Appeals reaffirmed Arizona courts’ deference to arbitrators when it comes to confirming an arbitrator’s award. The opinion further highlights...more

Conn Kavanaugh

The Massachusetts Prompt Payment Act Continues to Have Harsh Consequences for Transgressors, Unwitting or Otherwise

Conn Kavanaugh on

With the exception of those living under rocks, construction professionals are well aware of the recent spate of litigation about the Massachusetts Prompt Pay Act. In 2022, the Massachusetts Appeals Court interpreted the Act...more

Mayer Brown

Dubai's Highest Onshore Court Rules Unilateral Option Clause Unenforceable

Mayer Brown on

Split or “asymmetric” arbitration clauses, commonly referred to as “unilateral option clauses” (“UOCs”), provide one party (or a group of parties, but not all the parties) with the exclusive option to elect between...more

Stoel Rives -  Ahead of Schedule

The Collective Cost Paid For Arbitration’s Numerous Benefits

Arbitration agreements have become commonplace in construction contracts. As a result, a significant portion of construction disputes are resolved privately through arbitration rather than in public courts. This article...more

Bradley Arant Boult Cummings LLP

The Power of Incorporation Compels You: Surety Succeeds in Compelling Contractor to Arbitrate Bond Claims Pursuant to Arbitration...

In Swinerton Builders, Inc. v. Argonaut Insurance Co., Swinerton Builders, a contractor, sued a surety on bond claims arising from defaults by its subcontractor on a series of work orders. The owner of Swinerton’s mechanical...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

Miles Mediation & Arbitration

The Foundation of Your Case: Current Issues in Tennessee Construction Law

Construction law cases can involve a broad variety of issues, including breach of contract claims, construction delays, structural deficiencies/construction defect claims, environmental issues, and regulatory claims, among...more

Smith Debnam Narron Drake Saintsing & Myers,...

Five of the Most Common Construction Disputes that Require Construction Lawyers

Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more

Bennett Jones LLP

Dancing the Two-Step to Appeal an Arbitration Award in Alberta

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In its recent decision in Quanta Canada Holdings II ULC v Bremar Construction Ltd, 2024 ABKB 317, the Alberta Court of King's Bench (the Court) established a principled framework for considering an application for permission...more

Proskauer - Labor Relations Update

Eighth Circuit Upholds NLRB Bad Faith Bargaining Decision and Broad Remedies Order

On April 8, 2024, the U.S. Court of Appeals for the Eight Circuit, in United Food & Com. Workers’ Union, Loc. No. 293 v. Noah’s Ark Processors, LLC, No. 23-1895 (8th Cir. 2024), upheld the National Labor Relations Board’s...more

Cohen Seglias Pallas Greenhall & Furman PC

PA Supreme Court to Decide Scope of Payment Bond Sureties’ Liability in Eastern Steel Constructors, Inc. v. International Fidelity...

The Pennsylvania Supreme Court has agreed to hear an appeal of the case Eastern Steel Construction, Inc. v. International Fidelity Insurance Co., in which the Pennsylvania Superior Court clarified the claims that a...more

Miles Mediation & Arbitration

The Latest Trends in Construction Law: What Attorneys Should Know Today

Supply chain issues. Labor shortages. A lack of qualified subcontractors. Even amid a building boom, the construction industry faces a number of challenges, many of which lead to legal disputes and other claims. As courts...more

Ward and Smith, P.A.

Examining Changes to North Carolina's Law Governing Recovery of Attorneys' Fees in Construction Lien and Payment Bond Disputes

Ward and Smith, P.A. on

Legal disputes arising from construction projects commonly involve lien claims (in the case of private construction projects) or payment bond claims (in the case of public construction projects) asserted by a general...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

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