News & Analysis as of

Dispute Resolution Construction Industry

Vinson & Elkins LLP

"Supreme Court Rules Most Collateral Warranties Are Not Construction Contracts" in Abbey Healthcare v Simply [2024] UKSC 23

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On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...more

Porter Hedges LLP

The Initial Decision Maker: Coordinating the Owner-Architect and Owner-Contractor Agreements

Porter Hedges LLP on

Coordination between the Owner-Architect Agreement and the Owner-Contractor Agreement is crucial for any successful project. In particular, parties most commonly overlook the provisions related to an Initial Decision Maker...more

Snell & Wilmer

Key Residential Construction Contract Considerations: Suggestions for Homeowners Hiring a Contractor

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Hiring a contractor can be both stressful and expensive for any homeowner. Frequently, a difficult hurdle for any homeowner is the first one: finding a contractor willing to do the job. This means that once the homeowner...more

BCLP

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

BCLP on

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

Bennett Jones LLP

Dancing the Two-Step to Appeal an Arbitration Award in Alberta

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In its recent decision in Quanta Canada Holdings II ULC v Bremar Construction Ltd, 2024 ABKB 317, the Alberta Court of King's Bench (the Court) established a principled framework for considering an application for permission...more

Bradley Arant Boult Cummings LLP

Mistake No. 5 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Being a Jerk to Opposing Counsel

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 representing a party and when serving over 300 times as a mediator or...more

Buckingham, Doolittle & Burroughs, LLC

Smart Business: Construction Contracts: How prevailing party clauses offer leverage to the little guy

A prevailing party clause is a contractual provision that requires the court or arbitrator to include the winning litigant’s attorneys’ fees and costs associated with the dispute as part of an award or judgment. In...more

Moritt Hock & Hamroff LLP

Contractor Prevails Against Owner In Arbitration Successfully Arguing Modification Of The Contract Based Upon The Parties’ Course...

Often, the performance by parties to a contract varies from the written terms and conditions of the contract in slight, immaterial ways. Occasionally, the parties’ performance, either individually or collectively, may vary...more

Bradley Arant Boult Cummings LLP

Mistake No. 4 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Knowing When to Fold ‘Em

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 representing a party and when serving over 300 times as a mediator or...more

JAMS

Reconstructing the Francis Scott Key Bridge Utilizing the Progressive Design-Build Method

JAMS on

Having awakened on the morning of March 26 to the devastating news of the collapse of Baltimore’s Francis Scott Key Bridge after being struck by the Dali container ship, I thought of the many times I crossed the bridge as a...more

Bradley Arant Boult Cummings LLP

Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential...

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

JAMS

How to Prevent Frequent Contract Errors in Large Construction Projects

JAMS on

Fantastic news! The deal has come together—for construction of the steel bridge or for placement of the exterior panels on the downtown high-rise or for the dirt work at the site of the new energy plant. All the hard work,...more

Ankura

Mediating Construction Claims in Real-Time

Ankura on

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

JAMS

Six Tips to Successfully Implement Dispute Resolution Boards Nationally and Internationally

JAMS on

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

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

Baker Donelson

AAA Amends its Construction Industry Arbitration Rules

Baker Donelson on

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

JAMS

[PODCAST] JAMS Neutrals Discuss Evolution of ADR for Resolving Construction Disputes

JAMS on

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

Conn Kavanaugh

Residential Construction Projects: Pre-construction Part 1

Conn Kavanaugh on

This Article is Part 1 in a series of articles discussing common considerations that homeowners should look for before, during, and after a residential construction project. Part 1 focuses on arguably the most important...more

Stoel Rives -  Ahead of Schedule

5 Keys to Early Mediation Success When Project Disputes Arise

Many construction, development, and real estate purchase agreements provide for early mediation as a condition precedent to arbitration or court litigation. Early mediation sessions usually fail, only to be followed months...more

Whitcomb Selinsky, PC

Procedural Missteps in Gulf Tech's Contract Dispute Claim

Whitcomb Selinsky, PC on

Gulf Tech Construction LLC (Gulf Tech), a construction company, found itself in the midst of a contract dispute and sought resolution by filing an appeal with the Civilian Board of Contract Appeals (CBCA). However, the appeal...more

Marshall Dennehey

Caution: The Potential Quagmire of Unwanted Arbitration Clauses Are Often Buried in the Details

Marshall Dennehey on

Key Points: Consider including third parties or remote parties to a complaint. Arbitration clauses can appear in various contracts, including product warranties. The potential dangers of agency relationships in construction....more

Miles Mediation & Arbitration

The Latest Trends in Construction Law: What Attorneys Should Know Today

Supply chain issues. Labor shortages. A lack of qualified subcontractors. Even amid a building boom, the construction industry faces a number of challenges, many of which lead to legal disputes and other claims. As courts...more

Mandelbaum Barrett PC

Unlocking the Secrets to Smooth Construction: Legal Solutions for Delay Challenges

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Time extension provisions, liquidated damages clauses, and dispute resolution mechanisms are just some of the important ways that skilled construction attorneys can help address delays that inevitably occur on almost every...more

BCLP

Case Flags Risk of Unclear ADR Procedure

BCLP on

While main contract suites offer standard dispute resolution clauses, these are often amended in practice. A recent case gives a warning of what happens when such bespoke provisions are not clear. Originally published by...more

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