The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures. The case involves an international arbitration...more
8/23/2023
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Arbitrators ,
Construction Disputes ,
Construction Project ,
Delays ,
Disclosure ,
Federal Arbitration Act ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
Vacated
Legislation about retainage has become common place as many states have adopted different limitations, requirements, and schemes. A recent case in Tennessee is a good reminder that you must pay attention to all of the...more
Recently, in Cross v. L-M Asphalt Partners, Ltd., the Kentucky Court of Appeals upheld a contractor’s immunity from suit for negligence, where the contractor complied with the contract and construction specifications provided...more
11/17/2020
/ Appeals ,
Appellate Courts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Contractors ,
Federal Contractors ,
Immunity ,
Negligence ,
Strict Compliance ,
Summary Judgment
After a number of controversial bills proposed from various industry groups over the last few years, the Tennessee construction community came together in 2020 to push through legislation intended to protect members of the...more
11/5/2020
/ Adequate Assurances ,
Construction Industry ,
Construction Liens ,
Construction Loans ,
Construction Project ,
Demand Letter ,
Funding ,
Lien Notes ,
Lien Priority ,
Prompt Payment ,
Proposed Legislation ,
Retainage ,
State and Local Government ,
Statute of Limitations ,
Statute of Repose ,
Trust Funds ,
Waivers