News & Analysis as of

Construction Contracts Appeals Dispute Resolution

PilieroMazza PLLC

How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, Part 2

PilieroMazza PLLC on

This week, we take a closer look at how a government contractor ends up before a Board of Contract Appeals (BCA). CDA appeals don’t appear out of thin air—it can take months, if not years, for a dispute to morph into an...more

Fox Rothschild LLP

CDA Claim Management Primer: Suspension of Work (FAR 52.242-14)

Fox Rothschild LLP on

Federal construction contracts often involve unforeseen delays. The key question is who is responsible for the resulting costs. A new decision from the ASBCA provides a blueprint for how contractors can maximize recovery...more

Stoel Rives LLP

Limitations of Liability in Construction Contracts: Ironclad Protection or Legal Illusion?

Stoel Rives LLP on

A contract’s limitation of liability or “LOL” clause is often the subject of considerable attention and negotiation between contracting parties and frequently arises during the contract drafting process in which owners,...more

Bradley Arant Boult Cummings LLP

Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute

Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute The general contractor on the 60-turbine wind farm project in Good Hope, Illinois, is entitled to collect a whopping $1 on its cost-to-complete claim...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

Bradley Arant Boult Cummings LLP

11th Circuit Confirms International Arbitration Award in Guatemalan Hydropower Project Dispute

Last week, the 11th Circuit Court of Appeals confirmed an international arbitration award in a case involving a failed hydroelectric project in Guatemala. The project involved an Engineering, Procurement, and Construction...more

Snell & Wilmer

Arbitration May Be Available Without An Express Direct Agreement in Utah

Snell & Wilmer on

Construction transactions are characterized by many contracts involving multiple parties. While the terms of the parties’ individual contracts generally govern their relationships, parties should be aware that, intentionally...more

Stikeman Elliott LLP

“Finally Settled”?: Ontario Court of Appeal Considers Scope of Appeal Rights in Domestic Arbitrations

Stikeman Elliott LLP on

In Baffinland Iron Mines LP v. Tower-EBC G.P., S.E.N.C., the Ontario Court of Appeal (the “ONCA”) has confirmed that “finally settled” by arbitration means the same thing as “final and binding”, and that both phrases may...more

Bradley Arant Boult Cummings LLP

Improper Application of Arbitration Clause Leads to Remand in Properplates Case

Indiana, like other states, has a strong policy favoring arbitration agreements, and Indiana courts construe arbitration clauses broadly to make matters abitrable so long as they reasonably fit within the language of the...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

Contract, Project, and Arbitration in Florida? State Has Personal Jurisdiction Over Action to Enforce Arbitration Award

On June 24, 2020, in Sayers Constr., LLC v. Timberline Constr., Inc., et al., a Florida District Court of Appeal affirmed a trial court’s denial of a contractor’s motion to dismiss. The contractor moved to dismiss for lack of...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide