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Construction and the Neighbors
California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act
Construction law cases can involve a broad variety of issues, including breach of contract claims, construction delays, structural deficiencies/construction defect claims, environmental issues, and regulatory claims, among...more
Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more
A common question from clients, when a dispute arises on a construction project, is whether they can recover their attorney’s fees from the other side if they pursue a case and win. More often than not, such fees are not...more
Many construction contracts call for disputes to be decided by arbitration under the auspices of the American Arbitration Association (AAA). In 2024, the AAA amended its rules governing AAA construction industry arbitrations....more
In the first part of this article, we discussed why we need experts in international arbitration, how to find the right expert to instruct, and some practical guidance on how to work with experts for the best results. In this...more
I have practiced law for 40 years, with the vast majority 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 over 300 times as a...more
Why Owners and Contractors Should Consider a “Third-Party Neutral” To Resolve Disputes Prior to the Completion of a Project - A Third-Party Neutral During Construction Primer - What Is a Third Party Neutral? A...more
On March 1, 2024, the American Arbitration Association (the “AAA”) amendments to its Construction Industry Arbitration Rules (the “Rules”) became effective. The newly amended Rules seek to modernize aspects of the arbitration...more
Construction arbitration has evolved significantly over the years. As the industry continues to evolve, so too do the trends and practices within construction arbitration. This article looks at some of the emerging trends...more
In the demanding realm of construction, where time and money are paramount, dispute resolution boards (DRBs) stand out as a unique and underused asset. The key to unlocking their full potential lies in dispelling common...more
Many construction contracts, especially on private projects, contain alternative dispute resolution provisions. These provisions often incorporate the Construction Industry Rules and Mediation Procedures of the American...more
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
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
For the first time in almost a decade, the American Arbitration Association has amended its Construction Industry Arbitration Rules for a more streamlined and efficient process as a result of feedback from construction...more
The American Arbitration Association (AAA), one of the longest-standing and experienced alternative dispute resolution (ADR) administrators, has unveiled a significant update to its Construction Industry Rules and Mediation...more
This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. These tips are based on my experience...more
In this podcast, JAMS neutrals John W. Hinchey, Esq., and Leslie King O’Neal discuss the evolution of alternative dispute resolution (ADR) within the construction space. Their conversation starts with sharing their...more
In this article, BCLP partner Shy Jackson and Aluko & Oyebode partner Ngo-Martins Okonmah are collaborating to discuss the most effective means by which to avoid disputes relating to construction and infrastructure projects...more
Construction transactions are characterized by many contracts involving multiple parties. While the terms of the parties’ individual contracts generally govern their relationships, parties should be aware that, intentionally...more
This article discusses the various independent analyses that experts perform and how these analyses should be integrated when involved in a construction dispute that has progressed to international arbitration. While experts...more
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
Earlier this year the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa...more
Arbitration has long been used as an alternative to litigation in construction disputes. Many construction contracts contain arbitration clauses, many of which reference specific rules established by specific arbitration...more
You are conducting the final hearing of a high-dollar construction arbitration. Opposing counsel hands you the next document that counsel plans to use in questioning the witness on the stand. You notice that the document is...more
In Twigg v. Admiral Insurance Co.,[1] the Oregon Court of Appeals recently resolved an insurance coverage dispute arising out of a construction project. Two homeowners hired a contractor to build a new home. The homeowners...more