Jeff Brown | Thompson Coburn LLP | June 12, 2018 On June 6, 2018, the California Court of Appeal held that a contractor waived its right to arbitrate disputes because it recorded a mechanic’s lien and then didn’t follow California Code of Civil Procedure Section 1281.5 in its subsequent lawsuit to foreclose on the lien.… Continue reading Enforcing a Mechanic’s Lien in California? Don’t Waive Your Right to Arbitrate the Dispute
Category: Arbitration
Strategy for Enforcement of Dispute Resolution Rights
Whitney Judson | Smith Currie | May 21, 2018 Arbitration and litigation each offer their own benefits and drawbacks to litigants looking to resolve a construction dispute. A careful analysis of these benefits and drawbacks may be helpful in determining whether to avoid or pursue either dispute resolution process. Arbitration is oftentimes regarded as the… Continue reading Strategy for Enforcement of Dispute Resolution Rights
In a Matter of First Impression, the Supreme Court Reverses Trial Court: No “Evident Miscalculation” in Arbitration Award
Katherine Kohm, Esq. | The Dispute Resolver | May 24, 2018 The Supreme Court of Mississippi in D. W. Caldwell, Inc. v. W.G. Yates & Sons Constr. Co., No. 2017-CA-00116-SCT, — So.3d.– (Miss. May 10, 2018) reversed and remanded a trial court’s modification of an arbitration award for “evident miscalculation.” The Supreme Court held that “evident miscalculation… Continue reading In a Matter of First Impression, the Supreme Court Reverses Trial Court: No “Evident Miscalculation” in Arbitration Award
Owner’s Participation in Pre-Trial Litigation does not Amount to a Waiver of Arbitration
Sumit K. Arora | International Law Office | May 28, 2018 Proving waiver of a party’s contractual right to arbitrate has often been a laborious obligation of the party bearing such burden. Because the law strongly favors arbitration, the burden to prove the defense “is a high one.” Perry Homes v. Cull, 258 S.W.3d 580, 590… Continue reading Owner’s Participation in Pre-Trial Litigation does not Amount to a Waiver of Arbitration
How To Lose the Right To Arbitrate In One Easy (Mis)Step
Jonathan Bank and Matthew Murphy | Locke Lord LLP | May 25, 2018 The recent decision of Nielsen Contracting, Inc. v. Applied Underwriters, Inc., 232 Cal.Rptr.3d 282 (Cal. App. 4 Dist. 2018) provides a cautionary tale of the failure to comply with insurance regulatory filing requirements of collateral agreements to insurance policies. Nielsen Contracting, Inc. and… Continue reading How To Lose the Right To Arbitrate In One Easy (Mis)Step