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Construction Delays in the Time of Coronavirus: A Legal Perspective
“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
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
A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not...more
In the words of Judge Milan D. Smith, Jr. of the Ninth Circuit, “[w]e have become an arbitration nation.” Nonetheless, arbitration is a creature of contract, and there are limits to what an arbitrator may do. In Aspic...more
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
It's an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction disputes are resolved through arbitration, which is a process...more
“Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So provides the preamble to the Construction Industry Rules of the American Arbitration Association. ...more