David R. Cook Jr. | Construction and Procurement Blog A liquidated-damages clause was not enforced in a recent case before the Georgia Court of Appeals. The clause did not contain standard provisions that would normally allow a trial court to enforce the clause as written. As a result, the trial court looked beyond the contract… Continue reading Liquidated Damages Clause Not Enforced
Month: October 2023
Being the Bearer of Bad News (Sounding the Alarm on Construction Issues Early and Often) (Law Note)
Melissa Dewey Brumback | Construction Law in North Carolina Our recent look into termination brings up another issue important to architects and engineers– how to sound the alarm about construction or building code violations. Sometimes, a project owner may be so focused on project completion that they want to overlook the sub-par work that may… Continue reading Being the Bearer of Bad News (Sounding the Alarm on Construction Issues Early and Often) (Law Note)
Court of Appeals Upholds Default Judgment: Serves as Reminder to Respond to Lawsuits in a Timely Manner
Anna Basnaw | Ahlers Cressman & Sleight In Cyrus Way Partners, LLC. (“Cyrus”) v. Cadman, Inc. (“Cadman”), the primary issue on appeal was whether the trial court erred in denying Cadman’s motion to vacate the default judgment under Civil Rules 55 and 60. A default judgment is a legal ruling that can be entered in favor of… Continue reading Court of Appeals Upholds Default Judgment: Serves as Reminder to Respond to Lawsuits in a Timely Manner
Be Strategic When Suing a Manufacturer Under a Warranty With an Arbitration Provision
David Adelstein | Florida Construction Legal Updates I’ve said this before, and I’ll say it again: arbitration is a creature of contract. If you don’t want to arbitrate, don’t agree to an arbitration provision as the means to resolve your dispute. Now, with that said, there are times you may not have a choice. An arbitration provision… Continue reading Be Strategic When Suing a Manufacturer Under a Warranty With an Arbitration Provision
Keep It Simple: Summarize (Voluminous Evidence, That Is…)
Steve Swart | The Dispute Resolver “The most complex analyses grow beautifully simple as they become public objects.” Philip Rieff, Fellow Teachers (1973), quoted in JOHN BARTLETT, BARTLETT’S FAMILIAR QUOTATIONS 800 (Geoffrey O’Brien gen. ed., 18th ed. 2012) In a recent ABA Forum on Construction Law Webinar, a panelist with substantial experience as an arbitrator explained… Continue reading Keep It Simple: Summarize (Voluminous Evidence, That Is…)