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
SM Architects, PLLC v. AMX Veteran Specialty Servs., LLC, 2018 Tex. App. LEXIS 9203 (November 8, 2018) -
AMX Veteran Specialty Services, LLC (“AMX”) filed a demand for arbitration alleging professional negligence against...more
Charlotte Student Hous. DST v. Choate Constr. Co., 2018 NCBC LEXIS 88 (N.C. Super. Ct. Aug. 24, 2018).
This case arose from the construction of a student apartment complex known as Arcadia. The plaintiffs, Arcadia’s...more
10/26/2018
/ Arbitration ,
Binding Arbitration ,
Breach of Warranty ,
Construction Disputes ,
Construction Litigation ,
Construction Project ,
Design Defects ,
Estoppel ,
Fraud ,
Mandatory Arbitration Clauses ,
Negligence ,
Non-Signatories ,
Real Estate Development
Courts determine whether a dispute is subject to arbitration, also known as questions of “arbitrability,” unless the parties agree to submit arbitrability disputes to the arbitrator.
Originally published in AGC Law in...more
Nappa Constr. Mgmt., LLC v. Flynn, 2017 R.I. LEXIS 13 (R.I. Jan. 23, 2017) -
Caroline and Vincent Flynn (the “Flynns”) contracted with Nappa Construction Management, LLC (“Nappa”) to construct an automobile repair...more
Blackman & Co., Inc., v. GE Bus. Fin. Servs., Inc., 2016 U.S. Dist. LEXIS 87904 (D.N.J. July 7, 2016) -
Grove Street Realty Urban Renewal, LLC (“Grove Street”) contracted with Blackman & Co., Inc. (“Blackman”) to manage...more
Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and...more
7/29/2016
/ Arbitration ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Project ,
Contract Disputes ,
Contractors ,
Economic Loss Doctrine ,
Federal Arbitration Act ,
Fraud ,
Limitation of Liability Clause ,
Punitive Damages