Tony Lehman – November 15, 2013 In August, the Supreme Court of South Carolina addressed the reach of the interstate-commerce requirement of the Federal Arbitration Act (FAA). Cape Romain Contractors v. Wando E., LLC, 747 S.E. 2d 461 (S.C. 2013). It also addressed whether an Owner could compel arbitration of a lien-foreclosure action filed by… Continue reading Scope of Federal Arbitration Act Allows Contractor to Compel Arbitration
Category: Arbitration
Architect’s “Final” Decision May Not Be Final
Alan S. Bishop – September 20, 2013 An architect specified as Initial Decision Maker (“IDM”) in an AIA contract wears many hats: independent design professional, owner’s agent on the construction site, and impartial decider of disputes. But is the architect also the judge and jury? The decision in Neighbors Construction Co., Inc. v. Woodland Park at Soldier… Continue reading Architect’s “Final” Decision May Not Be Final
Conditions Precedent to Dispute Resolution: a Help or a Hindrance?
Stanley A. Martin – September 9, 2013 The AIA A201 General Conditions posit the architect’s decision on a claim as a condition precedent to arbitration of that claim. A recent New York appellate decision demonstrates why this clause, employed as a roadblock many years after the dispute arose, should be modified by the AIA. In… Continue reading Conditions Precedent to Dispute Resolution: a Help or a Hindrance?
Conditions Precedent To Dispute Resolution: A Help Or A Hindrance?
Stanley Martin – September 10, 2013 The AIA A201 General Conditions posit the architect’s decision on a claim as a condition precedent to arbitration of that claim. A recent New York appellate decision demonstrates why this clause, employed as a roadblock many years after the dispute arose, should be modified by the AIA. In 2013,… Continue reading Conditions Precedent To Dispute Resolution: A Help Or A Hindrance?
Electrical Discovery In Commercial, Construction Disputes Poses Challenges
Gregory R. Meeder – March 13, 2013 Arbitration and mediation, two forms of alternative dispute resolution (ADR), are popular forums in which to resolve commercial and construction disputes because ADR is considered less expensive, faster and more efficient than court litigation. In recent years, however, ADR — specifically arbitration — has been criticized as becoming no… Continue reading Electrical Discovery In Commercial, Construction Disputes Poses Challenges