Joanne Clarke and Victoria Tyson | Global Arbitration Review Introduction Claims in construction projects are normal and to be expected, but the success of a project may be measured by, among other things, how claims have been administered and whether the parties have managed to avoid claims becoming disputes. Claims may arise under the contract… Continue reading Claims Resolution Procedures in Construction Contracts
Month: September 2025
Contractor’s Claims, Remedies and Reliefs
R. Zachary Torres-Fowler, Albert Bates, Jr. and David E. Harrell, Jr. | Global Arbitration Review Introduction Construction and engineering disputes continue to make up one of the largest industry sectors for international arbitration institutions around the world. Given the technical complexity and lengthy duration of many construction projects, disputes are almost inevitable. Contractors must understand… Continue reading Contractor’s Claims, Remedies and Reliefs
When Arbitration Is Required, Should You Still Try Mediation First?
Marc Alan Fong, Esq. | JAMS In commercial and construction contracts, arbitration clauses are now the norm. They appear routinely—tucked into the fine print of everything from service agreements to bylaws to multimillion-dollar joint venture deals. These provisions typically require that disputes be submitted to binding arbitration, bypassing the courts entirely. When a dispute arises… Continue reading When Arbitration Is Required, Should You Still Try Mediation First?
Construction Disputes: Suitability And Up-Front Considerations For Arbitration Rule Selection
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
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