Daniel D. McMillan, TJ Auner and Marcus Quintanilla | The Dispute Resolver Including an arbitration clause in your construction contract may not mean that your dispute will be confined to arbitration. Instead, parties often find themselves in court litigating threshold issues related to the existence and/or enforceability of an arbitration clause. Common issues include whether… Continue reading Navigating Threshold Arbitration Issues in Construction Contracts
Category: Arbitration
Stay of Coverage Case Appropriate While Court Determines Arbitrability of Dispute
Tred R. Eyerly | Insurance Law Hawaii The Fifth Circuit vacated a discovery order issued by the district court and remanded the case for issuance of a stay while the arbitrability of the coverage dispute was reviewed. Cameron Parish Recreation #6 v. Indian Harbor Ins. Co., et al., 2024 U.S. App. LEXIS 3804 (5th Cir.… Continue reading Stay of Coverage Case Appropriate While Court Determines Arbitrability of Dispute
American Arbitration Association Revises Construction Industry Rules and Mediation Procedures
Dennis Cavanaugh and Larry Grijalva | Construction Law Zone The American Arbitration Association (AAA), one of the longest-standing and experienced alternative dispute resolution (ADR) administrators, has unveiled a significant update to its Construction Industry Rules and Mediation procedures. This update, last revised in 2015, became effective March 1, 2024. Changes to the AAA Construction Industry… Continue reading American Arbitration Association Revises Construction Industry Rules and Mediation Procedures
Mistake No. 2 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Educating Clients on the Pros and Cons of Arbitration
David K. Taylor | BuildSmart Listen to this post I have practiced law for 40 years, with the vast majority of that time spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving well over 300 times as… Continue reading Mistake No. 2 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Educating Clients on the Pros and Cons of Arbitration
California Court Sends Solar Contractor’s Bond Claims to Arbitration
John Mark Goodman | BuildSmart A California federal court ruled last week that a surety can enforce an arbitration clause in a contract to which it is not a party. The dispute involves performance and payment bond claims brought by solar contractor Swinerton Builders, Inc. Swinerton brought the claims in California federal court against Argonaut… Continue reading California Court Sends Solar Contractor’s Bond Claims to Arbitration