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

AAA Updates Its Construction Industry Arbitration Rules and Mediation Procedures

Wendy Klein Keane, Adam Poliner and Anthony Riverso | Cozen O’Connor Effective March 1, 2024, the American Arbitration Association (the AAA) adopted an updated version of its Construction Industry Arbitration Rules and Mediation Procedures (the Rules), for the first time since 2015. The Rules were revised with input from nationwide stakeholders. Linked are the AAA’s updated Rules, announcement, and complete… Continue reading AAA Updates Its Construction Industry Arbitration Rules and Mediation Procedures

AAA Amends its Construction Industry Arbitration Rules

Joseph Kovars and F. Dalton Thompson III | Baker Donelson For the first time in almost a decade, the American Arbitration Association has amended its Construction Industry Arbitration Rules for a more streamlined and efficient process as a result of feedback from construction advocates, arbitrators, and other construction industry professionals. The new rules include substantive… Continue reading AAA Amends its Construction Industry Arbitration Rules

Written Arbitration Agreements Can be Enforced Even if Not Signed

Mark Rodio | Frantz Ward It is a well-known general rule that a court cannot compel parties to arbitrate disputes that they have not agreed in writing to arbitrate.[1] “Indeed, when a party resisting arbitration is not a signatory to an arbitration agreement, a presumption against arbitration arises.” Peters v. Columbus Steel Castings Co., Tenth Dist. No.… Continue reading Written Arbitration Agreements Can be Enforced Even if Not Signed

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