J. Laurens Wilkes, Michael J. Stepek, Gustavo J. Membiela and Imad Khan | Winston & Strawn The selection of arbitration for complex construction projects continues to increase[1] – and, for good reasons: its finality, confidentiality and rules are suitable for complex, multiparty, and technically demanding matters. The flexibility of arbitration – tailoring procedures, selecting technically qualified… Continue reading Construction Disputes: Suitability And Up-Front Considerations For Arbitration Rule Selection
Month: September 2025
Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
John Mark Goodman | BuildSmart A federal judge in Oregon has tossed a subcontractor’s unjust enrichment or “quantum meruit” claim against the owner because the subcontractor did not first exhaust its contractual remedies against the contractor. Exhaustion of remedies is a common legal doctrine that generally requires parties to pursue relief in a particular order. In… Continue reading Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
Mandatory Laws and Extra-Contractual Claims
Eun Young Park, Zac Sharpe, Sanghoon Han and Hyunyang Ko | Global Arbitration Review Introduction Construction contracts are normally detailed documents with voluminous appendices that are finalised after several rounds of internal review, clarification and careful consideration. The working assumption of the procurement and marketing teams involved in contract negotiations is that the agreement between… Continue reading Mandatory Laws and Extra-Contractual Claims
Enforcing A Lien In Washington State
Babak Shamsi | Beresford Booth In Washington State, many mechanisms exist to enforce a debt. One of the most powerful mechanisms is the claim of lien. At its most basic definition, a lien is a claim to the personal or real property of another who owes the creditor money. With respect to real property, a… Continue reading Enforcing A Lien In Washington State