Stan Martin | Commonsense Construction Law LLC | November 16, 2016 A hauling company submitted bids for removal of three different types of construction debris, and the parties agreed on and signed a contract covering two of those categories. Later, by oral agreement the third category initially bid on was added at a different price,… Continue reading Undocumented Oral Agreement Came Within Scope of Written Arbitration Clause
Category: Arbitration
What Happens in Mediation Stays in Mediation
Andrew G. Wailgum and Sara P. Bryant | Murtha Cullina | November 1, 2016 The Massachusetts Appeals Court recently held that statements made by a party during mediation cannot be used later in a lawsuit to support a claim of fraud or similar claims. ZVI Construction Co. v. Levy, et al., 90 Mass. App. Ct.… Continue reading What Happens in Mediation Stays in Mediation
Women Mediators Fight Stereotypes in Construction Disputes
Samantha Joseph | Daily Business Review | October 6, 2016 Jena Rissman Atlass has spent her career surrounded by men. The Fort Lauderdale attorney and founder of Atlass Dispute Resolution specializes in construction mediation. It’s not unusual, she said, to tour a construction site as the only woman in a group of male clients and… Continue reading Women Mediators Fight Stereotypes in Construction Disputes
New Jersey Federal District Court Holds That Arbitration Clause In AIA A201-1997 Does Not Apply To Post Construction Disputes
Jane Fox Lehman | Pepper Hamilton LLP | September 15, 2016 Blackman & Co., Inc., v. GE Bus. Fin. Servs., Inc., 2016 U.S. Dist. LEXIS 87904 (D.N.J. July 7, 2016) Grove Street Realty Urban Renewal, LLC (“Grove Street”) contracted with Blackman & Co., Inc. (“Blackman”) to manage a project (the “Project”) to construct a four-story… Continue reading New Jersey Federal District Court Holds That Arbitration Clause In AIA A201-1997 Does Not Apply To Post Construction Disputes
Pick Your Poison: Given What A Jury Can Do, Is Arbitration Really That Bad?
Alan M. Wolper | Ulmer & Berne LLP | September 1, 2016 Some of my clients simply cannot say enough bad things about the arbitration process. It is expensive. It is unfair. There’s no industry panelist anymore. Claimants can get away with anything. Panels are sometimes comprised of people who care more about how many… Continue reading Pick Your Poison: Given What A Jury Can Do, Is Arbitration Really That Bad?