News & Analysis as of

Real Estate Development Arbitration Construction Litigation

Robinson+Cole Construction Law Zone

Attorneys’ Fees and the American Arbitration Association Rule

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

Troutman Pepper

I Lived It: Litigator Provides His Perspective on Solar Warranty Claims

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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

Shumaker, Loop & Kendrick, LLP

"Arbitration Agreements in Residential Construction Contracts," ActionLine Spring 2023

Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states. This population growth has been accompanied, at least until the third quarter of 2022,...more

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Subtle (and Not So Subtle) Effects of COVID-19 on the Construction Industry

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When is it going to return to “normal”? We all have been asking that question. Well, for the construction industry, it may never return to “normal.” COVID-19 may have permanently changed the landscape of the construction...more

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ADR for Construction Disputes During COVID-19: How to Manage Dispute Resolution Before and After the Dust Settles

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Days after the World Health Organization declared the COVID-19 outbreak a global pandemic, governments from around the world scrambled to enact measures aimed at mitigating the spread of the virus. ...more

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Parties Must Proceed to Arbitration Despite Unavailability of Arbitration Forum Specifically Named in the Contract

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Paulozzi v. Parkview Custom Homes, L.L.C., 2018 Ohio App. Lexis 4739 ( Nov. 1, 2018) - This case arose out of a dispute between homeowners and their contractor. Dissatisfied with the work, the Paulozzis sued their...more

Troutman Pepper

Arbitration By Estoppel: North Carolina Court Holds That Arbitration Clauses Bind Nonsignatories Who Seek To Enforce The Contracts...

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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

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Kentucky Court of Appeals Draws a Distinction Between Substantive and Procedural Questions of Arbitrability, and Explains the...

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Ambac Assur. Corp v. Knox Hills LLC, 2018 Ky. App. Lexis 188 (June 15, 2018) - This case involves a February 1, 2007 design/build agreement governing the rights of the several parties involved with a military housing...more

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