Daniel Lund III | Phelps Dunbar A New York general contractor on a Louisiana commercial construction project sought to enjoin an ongoing arbitration with the Illinois project owner (represented by Phelps). The general contractor raised its own lack of licensure as a basis for invalidating the entire construction contract at issue, including the arbitration clause… Continue reading Construction Litigation Roundup: “Splitsville”
Category: Arbitration
“Arbitration Agreements in Residential Construction Contracts,” ActionLine Spring 2023
Brett Henson | Shumaker, Loop & Kendrick Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states.[1] This population growth has been accompanied, at least until the third quarter of 2022, with a steady rise in new residential construction. With this increase in… Continue reading “Arbitration Agreements in Residential Construction Contracts,” ActionLine Spring 2023
Construction Litigation Roundup: “You (Can’t) Just Keep Me Hangin’ On!”
Daniel Lund III | Phelps Dunbar You (can’t) just keep me hangin’ on! In federal court proceedings in Colorado against a Miller Act surety as a follow-up to an arbitration award rendered against the surety’s principal, the surety was tagged with paying the attorney’s fees incurred by the plaintiff obligee in the court action. The… Continue reading Construction Litigation Roundup: “You (Can’t) Just Keep Me Hangin’ On!”
Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim
Garret Murai | California Construction Law Blog If you’re a regularly reader of the California Construction Law Blog you’re aware of Business and Professions Code section 7031 which courts have variously described as “harsh[ ],” “draconian” and “unjust,” but, importantly, nevertheless valid. We haven’t seen many cases applying Section 7031 in an arbitration setting, however,… Continue reading Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim
Insurer Has No Obligation to Cover Arbitration Award in Construction Defect Case
Tred R. Eyerly | Insurance Law Hawaii The court determined there was no coverage for an adverse arbitration decision suffered by the insured in a construction defect case. Am. Fire and Cas. Co. v. Unforgettable Coatings, Inc., 2023 U.S. Dist. LEXIS 64846 (D. Nev. April 13, 2023). Unforgettable contracted with Muirfield Village… Continue reading Insurer Has No Obligation to Cover Arbitration Award in Construction Defect Case