Work This Way: A Labor & Employment Law Podcast - Episode 28: Construction Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
DE Under 3: OFCCP’s New Revisions & Additions to its Construction Contractor Compliance Audit Tools
Residential Contractor Boot Camp
DE Under 3: OFCCP Resurrects Proposal for Monthly CC-257 Employment Utilization Reports for Construction Contractors
DE Under 3: FAR Council Issued Final Rule Requiring Unionized Workforces on Large Federal Construction Projects
Podcast: Owner’s Outlook: Managing Risks in an Ever-Changing Construction Environment - Diagnosing Health Care
Clocking in with PilieroMazza: DOL Finalizes Landmark Changes to Davis-Bacon Act: What Federal Construction Contractors Need to Know
Construction Roundtable: Top 4 Legal Risks for Federal Construction Contractors
Podcast: Owner's Outlook: National Trends in Construction Claims - Diagnosing Health Care
4 Key Takeaways | The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age
Podcast: Owner's Outlook: HCA's Clint Russell on Health Care Construction Pricing and Innovation - Diagnosing Health Care
8 Key Takeaways | Hot Topics in Construction Contracting
Podcast: Owner's Outlook: Maximize and Safeguard Reimbursement Through Design - Diagnosing Health Care
The ESG Report - From Sustainability to ESG in Construction with Tommy Linstroth
Podcast: Owner's Outlook: Renovating and Expanding Critical Access Hospitals in a Volatile Market - Diagnosing Health Care
Podcast: Owner's Outlook: Health Care Construction in a Period of Labor Shortages / Cost Inflation - Diagnosing Health Care
DE Under 3: EEOC & DOJ Technical Guidance for Employer’s AI Use; Upcoming EEOC Hearing; Event for Mental Health in the Workplace
DE Under 3: Best Practices, Webinars & Communication – Straight from Government Agencies
DE Under 3: JD Supra Readers Choice Award; DE Talk Podcast; Federal Gov't Budget Bill & More
Podcast: Owner's Outlook: Vaccine Mandate for Construction Workers at Health Care Facilities - Diagnosing Health Care
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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