Category: Arbitration

Attorneys’ Fees Incurred and Awarded as a Result of a Property Damage Claim Are Covered Under HOA’s CGL Policy

Kevin Pollack | Property Insurance Coverage Law Blog | September 5, 2016 If an HOA is sued pertaining to a dispute over property damage, and the opposing party prevails and obtains an award of attorney fees, does the HOA’s liability insurance policy cover the attorney fee award? According to a recent district court decision in… Continue reading Attorneys’ Fees Incurred and Awarded as a Result of a Property Damage Claim Are Covered Under HOA’s CGL Policy

Is 30 Days Enough Time to Fully Arbitrate and Issue an Award for a Claim on a Partial Parking Garage Collapse? Federal Court Says Let the Arbitrator Decide

Brendan Carter | The Dispute Revolver | August 12, 2016 The plaintiff in Tribal Casino Gaming Enterprise v. W.G. Yates & Sons Construction Company et al entered into a contract for the expansion of an existing facility at Harrah’s Cherokee Casino in Cherokee, North Carolina with defendants in April of 2008.  The project included the construction… Continue reading Is 30 Days Enough Time to Fully Arbitrate and Issue an Award for a Claim on a Partial Parking Garage Collapse? Federal Court Says Let the Arbitrator Decide

What’s in a Name?: Defining Arbitration Across the Circuits

Liz Kramer | Stinson Leonard Street LLP | August 3, 2016 What is “arbitration”? Although courts often use and apply the word, rarely do they stop to define it.  While the FAA concerns agreements to “settle by arbitration a controversy,” the FAA does not define “arbitration,” leaving the question to the courts. Lacking definitive guidance… Continue reading What’s in a Name?: Defining Arbitration Across the Circuits

The Anatomy of a Construction Dispute- The Claim

Christopher G. Hill | Construction Law Musings A  new year brings with it promise and challenges.  The promise is a relatively clean slate and the thought that 2015 will be a great year for construction professionals and those that assist them.  The challenges come from the almost inevitable issues that can arise on a construction… Continue reading The Anatomy of a Construction Dispute- The Claim

The Anatomy of a Construction Dispute Stage 2- Increase the Heat

Christopher G. Hill | Construction Law Musings Last week we discussed the groundwork and circumstances of a construction claim.  This week’s post will discuss the next steps, hopefully short of full blown arbitration or litigation that you, as a construction company, can pursue presuming your claim has been properly preserved. If your contract requires certain… Continue reading The Anatomy of a Construction Dispute Stage 2- Increase the Heat