Parties To Construction Contracts Should Exercise Caution When Allowing An Arbitrator To Change Hats Between Mediator And Arbitrator

Christopher Massaro and Adam Sklar | Cole Schotz Dispute resolution provisions providing for mediation as a prerequisite to arbitration are standard in AIA construction contracts. Parties may nonetheless mutually agree to eliminate or waive those provisions and proceed directly to arbitration.  Often, however, settlement discussions will ensue during the arbitration as costs begin to mount… Continue reading Parties To Construction Contracts Should Exercise Caution When Allowing An Arbitrator To Change Hats Between Mediator And Arbitrator

Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable

Garret Murai | California Construction Law Blog The Davis-Stirling Common Interest Development Act (Civ. Code §4000, et seq.), also known simply as “Davis-Stirling,” is a statute that applies to condominium, cooperative and planned unit development communities in California. The statute, which governs the formation and management of homeowners associations or HOAs, also governs lawsuits filed by… Continue reading Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable

So You Want to Arbitrate? Better Make Sure Your Contract Covers All Bases.

Stephanie Nolan Deviney | ConsensusDocs As a General Contractor, you may prefer to arbitrate any contractual disputes rather than engage in protracted litigation.  Many Courts favor arbitration clauses and will enforce them if there is a sufficient reason to do so.  However, there are several issues that a General Contractor should consider when including an… Continue reading So You Want to Arbitrate? Better Make Sure Your Contract Covers All Bases.

Appraisal Appropriate Despite Pending Coverage Issues

Tred R. Eyerly | Insurance Law Hawaii     The court granted the insured’s motion for partial summary judgment, allowing an appraisal to go forward even with outstanding coverage issues in dispute. DC Plastic Products Corp. v. Westchester Surplus Lines Ins. Co., 2021 U,.S. Dist. LEXIS 95908 (D. N.J. May 19, 2021).      DC Plastic’s… Continue reading Appraisal Appropriate Despite Pending Coverage Issues

Court of Appeals Finds Arbitration Provision Incorporated by Reference Unenforceable

Garret Murai | California Construction Law Blog Subcontractors have gotten accustomed to incorporation clauses in their contracts. While an incorporation clause can incorporate any document, most typically, it’s the prime contract between the general contractor and the project owner. Subcontractors will sometimes even accept these documents sight unseen which can be a recipe for disaster.… Continue reading Court of Appeals Finds Arbitration Provision Incorporated by Reference Unenforceable

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