David H. Fisk | Kane Russell Coleman Logan In Texas, while an insurer can assert a subrogation claim independently of its insured, the insurer still stands in the shoes of its insured, meaning the insurer’s claims are limited to those the insured could bring and are subject to the same defenses. A common defense when… Continue reading Subrogation Claims And Arbitration Clauses In Construction Contracts
Category: Arbitration
Advantages of Arbitration for Resolving Construction Disputes in Light of COVID-19
Emily Hermreck | Nuts & Bolts The COVID-19 pandemic has had significant impacts on the U.S. state and federal court systems and has delayed the progression of cases awaiting trial. While many courts have remained “open,” they have considerably modified operations and procedures to ensure the safety of court personnel, attorneys, and jurors. Perhaps the… Continue reading Advantages of Arbitration for Resolving Construction Disputes in Light of COVID-19
Contract, Project, and Arbitration in Florida? State Has Personal Jurisdiction Over Action to Enforce Arbitration Award
E. Mabry Rogers, J. David Pugh and Amandeep S. Kahlon | Buildsmart On June 24, 2020, in Sayers Constr., LLC v. Timberline Constr., Inc., et al., a Florida District Court of Appeal affirmed a trial court’s denial of a contractor’s motion to dismiss. The contractor moved to dismiss for lack of personal jurisdiction in a dispute… Continue reading Contract, Project, and Arbitration in Florida? State Has Personal Jurisdiction Over Action to Enforce Arbitration Award
Understanding Mechanic’s Liens and Arbitration Provisions
James Hartnett and Rachel Osdoba | Faegre Drinker Biddle & Reath As construction companies continue to operate under the stresses of the COVID-19 pandemic and social unrest, projects are starting and stopping as a result. These interrupted schedules, along with our overall disrupted economy, can increase the risk of non-payment. What should you do if… Continue reading Understanding Mechanic’s Liens and Arbitration Provisions
Watch Your Stipulation! Award Confirmed Despite Arbitrator Exceeding Contractual Scope of Authority
Jim Archibald, Amandeep S. Kahlon & Luke D. Martin | Buildsmart Once parties agree to arbitrate, courts generally defer to the arbitrator’s judgment regarding resolution of a dispute. The prevailing approach in many states is to not set aside an arbitration award unless the arbitrator clearly exceeded his or her authority and to exercise every… Continue reading Watch Your Stipulation! Award Confirmed Despite Arbitrator Exceeding Contractual Scope of Authority