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Construction Industry Arbitration Agreements

JAMS

The Changes to the English Arbitration Regime: What Parties to International Construction Disputes Need to Know

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England, and in particular, London, is one of the leading international arbitration centers and is frequently selected as a seat of arbitration. Indeed, the 2025 International Arbitration Survey conducted by White & Case and...more

Blake, Cassels & Graydon LLP

Clauses clés dans les contrats de construction : Conseils pratiques pour assurer la réussite des projets

Le contexte juridique et commercial au sein du secteur de la construction étant en constante évolution, les contrats connexes doivent suivre le pas. Ces dernières années, les tribunaux et les parties contractantes mettent...more

Mayer Brown

The Middle East Files

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In the second episode of Season 2 of our 'Across the Pond' podcast, Charles and Kwadwo are joined by colleague Gerard Moore, who leads the International Arbitration and Construction & Engineering practice in our Dubai office,...more

Mayer Brown

Legal Developments in Construction Law: March 2025

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1. PRIVY COUNCIL RULES OUT CONTRACTOR'S CANCELLATION CHARGES IN FIDIC YELLOW BOOK TERMINATION CLAIM - The employer, under two contracts based on the 1999 FIDIC Plant and Design-Build Yellow Book, terminated the contracts...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

JAMS

How Not to Frustrate an Arbitrator

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Common Mistakes Attorneys Should Avoid in Arbitration - A recent federal court ruling held that an arbitration award would be enforced under the facts of that case, regardless of whether the parties considered the award...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

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?

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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

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

Porter Hedges LLP

Choice of Law and Federal Preemption: Why Texas Law May Not Govern Your Texas Project Despite the Home Rule Statute

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When entering into construction contracts, the question of which state’s laws will govern is a pivotal consideration. Choice of law has real-world implications for how construction disputes are resolved. Different states have...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

Bradley Arant Boult Cummings LLP

Mistake No. 2 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Educating Clients on the Pros and Cons of...

I have practiced law for 40 years, with the vast majority of that time spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving...more

Cozen O'Connor

AAA Updates Its Construction Industry Arbitration Rules and Mediation Procedures

Cozen O'Connor on

Effective March 1, 2024, the American Arbitration Association (the AAA) adopted an updated version of its Construction Industry Arbitration Rules and Mediation Procedures (the Rules), for the first time since 2015. The Rules...more

Winstead PC

Arbitration for All: Texas Supreme Court Hands Down Two Big Wins for Developers and Builders Seeking to Enforce Arbitration...

Winstead PC on

While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the...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

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

Arbitration or Court for Construction Disputes: The Pros and Cons

Many construction contracts used in the industry include clauses mandating that any disputes be decided by binding arbitration rather than a jury or bench trial. The standard AIA forms provide the parties with the option of...more

Saul Ewing LLP

Illinois Appellate Court Invalidates Arbitration Provision in Owner-Contractor Construction Contract

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Case: Bain v. Airoom, LLC, 2022 IL App (1st) 211001 - A recent Illinois appellate decision warns that overbroad form arbitration agreements in construction contracts may be unenforceable....more

Jackson Lewis P.C.

Construction Disputes and ‘Baseball’ Arbitration

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A form of dispute resolution called “baseball” arbitration has increased in use and popularity in the construction industry to resolve all types of disputes, including employment disputes. The procedure has unique mechanisms...more

Jackson Lewis P.C.

How Law Limiting Arbitration Agreements for Sexual Assault, Harassment Claims Affects Construction

Jackson Lewis P.C. on

In an industry often targeted by anti-discrimination agencies, construction industry employers need to be aware of a new law that makes it more difficult to enforce existing arbitration agreements for sexual assault and...more

Porter Hedges LLP

Are Forum and Choice of Law Provisions in Texas Construction Contracts Enforceable?

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Most sports fans are familiar with the concept of home field advantage — the idea that the home team gains an advantage over the visiting team because it is playing in familiar facilities, does not have to travel long...more

Troutman Pepper Locke

Texas Court of Appeals Enforces Arbitration Agreement Provision Delegating Issues of Arbitrability to Arbitrator

Troutman Pepper Locke on

Taylor Morrison of Tex. Inc. v. Caballero, No. 01-20-00800-CV, 2022 Tex. App. LEXIS 1870, 2022 WL 839429 (Mar. 22, 2022) - Gary and Kelley Caballero contracted to purchase a new home to be constructed by Taylor Woodrow...more

Cole Schotz

Litigation Pitfalls – An Illustration of Why Settlement Should Always be an Option

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When does a claim for $50,000 against your business end up costing you two or three times that amount? When you lose the case you’re litigating, in full or in part, and you end up owing years of interest and attorneys’ fees...more

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