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
3/31/2022
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Terms ,
Dispute Resolution ,
Property Owners ,
Reversal
The North Carolina Court of Appeals recently determined that a builder who fails to comply with state licensing requirements may still pursue a negligence claim against design professionals. In Wright Construction Services,...more
There are instances where a party’s breach of the construction contract is undisputed. However, the amount of recoverable damages often hinges on the injured party’s own conduct both during and following that breach. The...more
7/20/2018
/ Affirmative Defenses ,
Appeals ,
Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Construction Workers ,
Contract Disputes ,
Damages ,
Enhanced Damages ,
General Contractors ,
Landlords ,
Liability ,
Reasonable Care ,
Remand ,
Reversal ,
Summary Judgment ,
Tenants ,
Water Damage
The construction industry’s use of standard form contracts (such as the AIA family of documents) is widespread and provides parties with consistent terms that govern their respective project obligations and the allocation of...more