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Construction Industry Arbitration Construction Project

BCLP

Abbey Healthcare - A Prompt for Considering Contractual Adjudication in Collateral Warranties?

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An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more

Smith Debnam Narron Drake Saintsing & Myers,...

Five of the Most Common Construction Disputes that Require Construction Lawyers

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

Miles Mediation & Arbitration

Emerging Trends in Construction Arbitration: Adapting to a Changing Landscape

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

Poyner Spruill LLP

New Changes to AAA Construction Rules

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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

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 4, April 2024

Welcome to our fourth issue of 2024 for our construction industry insights e-newsletter - The Site Report. In our Ask the Attorney segment at the bottom of this e-newsletter, we introduce you to Todd Biddle, Member in...more

Bradley Arant Boult Cummings LLP

Mistake No. 2 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Educating Clients on the Pros and Cons of...

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

Bradley Arant Boult Cummings LLP

The Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Mistake No. 1: Not Realizing It’s All About the Facts

I have practiced law for 40 years, with the vast majority 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 well over 300...more

J.S. Held

Integrating Independent Forensic Analyses in International Construction Arbitrations

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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

Winstead PC

Arbitration for All: Texas Supreme Court Hands Down Two Big Wins for Developers and Builders Seeking to Enforce Arbitration...

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While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the...more

Stoel Rives -  Ahead of Schedule

Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Originally published by the Daily Journal of Commerce on May 18, 2023. You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable...more

Stoel Rives -  Ahead of Schedule

What Parties Ought To Consider When Considering Arbitration Provisions

When reviewing a proposed design or construction contract, the responding party will often do a cursory check to see whether the contract proposes arbitration or litigation for dispute resolution. So long as the proposed...more

Bradley Arant Boult Cummings LLP

Emergency Arbitration Proceedings and How They Relate to Construction Disputes

A recent win by a team of Bradley construction attorneys highlighted the role emergency arbitration proceedings can play in a dispute subject to an arbitration agreement.  The ongoing case involves the design and construction...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDIg? An Eye for an Eye?

Dear YouDig?, I am the CEO of a prominent and established developer. It’s been a long wonderful road. We are blessed with a great team who have worked together with great success. When I look back, the only thing I wish I...more

Troutman Pepper

Construction Arbitration

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Arbitration is the most widely used method of dispute resolution in the construction industry. Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving...more

Bradley Arant Boult Cummings LLP

How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict

How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration...more

Bradley Arant Boult Cummings LLP

It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory...

A novel question arose over the past few years in residential construction law as to whether minors were subject to the contractual provisions in their parents’ purchase or construction contract. The contract typically has a...more

Saiber LLC

The Saiber Construction Law Column: November/December 2022

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In July 2022, the Supreme Court of New Jersey issued an opinion, Crystal Point Condominium Association, Inc. v. Kinsale Insurance Co., which considered whether (1) a condominium association that had obtained default judgments...more

JAMS

JAMS Global Construction Solutions, Winter 2023 - The Latest News in Construction ADR from the World’s Leading Neutrals

JAMS on

Investor-State Mediation- A New Way to Deal with Old Problems? In common with commercial arbitration, a large proportion of treaty-based Investor-State disputes involve construction issues. In the Annual Report of 2021...more

White and Williams LLP

Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable

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In Cont’l Homes of Tex., L.P. v. Perez, No. 04-21-00396-CV, 2022 Tex. App. LEXIS 7691, the Court of Appeals of Texas (Appellate Court) considered whether the lower court erred in refusing to enforce an arbitration clause in a...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 10, 2022

New and Revised AAA Rules that May Affect Your Construction Contracts - Does your contract contain a dispute resolution section that refers to the American Arbitration Association (“AAA”) rules, mediation and/or...more

JAMS

An Introduction to Collaborative Construction Contracts for Large and International Projects

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Where there is construction, there are contracts. Typically, these contracts are obtained through a competitive, hard-bid process, which is often criticized for causing adversarial relationships and driving continuous change...more

Miles Mediation & Arbitration

Using Arbitration and Mediation in Construction Cases

Whether it’s a custom-built home, a large housing development or a high-rise condominium or office building, legal disputes related to construction issues can be complicated. The number of primary defendants and third-party...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights: Issue 4, 2022

Lessons in Arbitration Construction Dispute - In December 2021, Alex Turner, Jeff Patton, and Lee Denton in Spilman's Winston-Salem office arbitrated a construction dispute in Norfolk, Virginia on behalf of Sure Lift,...more

JAMS

[PODCAST] Demystifying Mediation Myths in the Construction Industry

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A podcast from JAMS featuring neutrals Patricia H. Thompson, Esq., FCIArb, and Bruce A. Edwards, Esq., on some of the top myths on ADR within the construction industry - In this podcast, JAMS neutrals Patricia Thompson...more

Bradley Arant Boult Cummings LLP

Step-by-Step: Failure to Strictly Comply With Dispute Resolution Procedure Can Waive Contractual Right to Arbitrate

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

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