Charles w. Surasky | Smith Currie & Hancock | January 9, 2018 Claims and disputes arising from construction projects are often costly and time consuming to resolve. While it is best to avoid construction claims and disputes from the beginning of a project, it is important to resolve them quickly and efficiently once they arise.… Continue reading Designing an Effective Arbitration Clause
Category: Arbitration
A 4-Pointer Guide to Choosing the Right Arbitrator
Baker & Hostetler LLP | December 29, 2017 Arbitration is an alternative way to resolving disputes. It is often considered fast, cheaper and flexible vis-a-vis a litigation process. For this reason, the service offered by litigators is a high demand, leading to an upsurge in the number of entrants in the field. These make choosing the… Continue reading A 4-Pointer Guide to Choosing the Right Arbitrator
Dispute Resolution: Arbitration – A Better Option for Resolving Construction Disputes
Kent B. Scott | Babcock Scott & Babcock This is the third installment in the series of articles on Dispute Resolution. Arbitration has long been favored as a means of resolving construction disputes. Many standard construction contract documents provide for a mandatory binding arbitration of all disputes arising under or related to the contract. Arbitration… Continue reading Dispute Resolution: Arbitration – A Better Option for Resolving Construction Disputes
Appellate Court Holds That the New Mexico Unfair Practices Act Applies to a “Services” Contract for the Construction of a Home, But Does Not Apply to a “Sales” Contract for the Sale of a Completed Home
Kristopher Berr | Pepper Hamilton LLP | October 5, 2017 Fogelson v. Bozzone, 2017 N.M. App. LEXIS 58 (July 26, 2017) In May of 2008, Wallen Development, LLC (“Wallen”) entered into a written agreement to construct and sell a new home to David and Corinne Fogelson (“Fogelson”). But, after Fogelson paid Wallen in excess of… Continue reading Appellate Court Holds That the New Mexico Unfair Practices Act Applies to a “Services” Contract for the Construction of a Home, But Does Not Apply to a “Sales” Contract for the Sale of a Completed Home
My Roof, My Rules: Arbitrators May Determine Their Own Jurisdiction When the Parties Delegate that Authority
Amandeep S. Kahlon | Buildsmart | September 20, 2017 An issue that repeatedly comes up in construction disputes is the scope of an arbitration agreement. Courts generally interpret agreements to arbitrate broadly, and, where the arbitrability of a specific claim has been at issue, courts often defer, allowing such questions to be answered by the… Continue reading My Roof, My Rules: Arbitrators May Determine Their Own Jurisdiction When the Parties Delegate that Authority