David K. Taylor and Kyle M. Doiron | Bradley Arant Boult Cummings LLP | May 2, 2019 Most private construction contracts contain binding arbitration clauses and apply the “law of the state where the project is located.” While arbitration is less formal than court/litigation, legal defenses are often raised, including whether a claim is barred… Continue reading Say What? Statutes of Repose/Limitation May Not Be Defenses in Arbitration?
Category: Arbitration
Say What? Statutes of Repose/Limitation May Not Be Defenses in Arbitration?
Kyle Doiron and David Taylor | Buildsmart | May 2, 2019 Most private construction contracts contain binding arbitration clauses and apply the “law of the state where the project is located.” While arbitration is less formal than court/litigation, legal defenses are often raised, including whether a claim is barred by a statute of limitation or,… Continue reading Say What? Statutes of Repose/Limitation May Not Be Defenses in Arbitration?
Floating on Assumption: Navigating Construction Project Float Ownership
Whitney Judson | International Law Office | January 7, 2019 Introduction Construction project schedules are oftentimes the source of many disputes between project owners and contractors. These disputes notoriously evolve into the subject of litigation and arbitration claims that assign fault for delayed project completion to one party or another. A party finding itself in… Continue reading Floating on Assumption: Navigating Construction Project Float Ownership
Supreme Court Holds Arbitrator can Fully Decide Threshold Arbitrability Issue
David Adelstein | Florida Construction Legal Updates | January 19, 2019 The United States Supreme Court recently decided parties to a contract can agree, under the Federal Arbitration Act, an arbitrator, rather than a court, can fully resolve the initial arbitrability question. Henry Schein, Inc. v. Archer and White Sales, Inc., 2019 WL 122164 (2019). The arbitrability question is… Continue reading Supreme Court Holds Arbitrator can Fully Decide Threshold Arbitrability Issue
Large-Scale Construction Projects: To Arbitrate, or not to Arbitrate – That is the Question
Robert B. Garner, David Kiefer and Gregg Jacobson | King & Spalding | March 8, 2019 Owners and contractors involved in large-scale energy and manufacturing projects face unique challenges in bringing projects to fruition. One challenge is negotiating and drafting a contract that places the parties in a fair position if problems arise during the… Continue reading Large-Scale Construction Projects: To Arbitrate, or not to Arbitrate – That is the Question