Jonna Summers | Porter Hedges A growing number of construction contracts now contain arbitration clauses. Yet, even with an arbitration clause, you may still find yourself before the court because your counterparty refuses to arbitrate. You have options. You can insist on your right to arbitrate by filing a motion to compel arbitration. Both the… Continue reading You Agreed to Arbitrate, but the Other Side Refuses, What Now?
Category: Construction Contracts
Legal Insight: Key Rulings on Construction Delays and Liquidated Damages
Construction Claims & Project Management Overview Three recent rulings from state and federal courts have clarified the enforceability and limitations of delay-related contract provisions in construction projects, particularly concerning no-damages-for-delay clauses, concurrent delay, and the recovery of liquidated damages. These cases highlight how courts balance contractual risk allocation with the facts surrounding delay and project… Continue reading Legal Insight: Key Rulings on Construction Delays and Liquidated Damages
Is Your Subcontractor an Independent Contractor or an Employee? The Answer May Not Be as Simple as You Think
John Mark Goodman and Anne R. Yuengert | BuildSmart Most construction contracts include a provision stating that the contractor or subcontractor is an independent contractor and not an employee of the owner or contractor. That should settle the matter, right? Wrong. Depending on the context and jurisdiction, such contractual provisions may mean little or nothing at all. Check… Continue reading Is Your Subcontractor an Independent Contractor or an Employee? The Answer May Not Be as Simple as You Think
Assignment of Claim not Precluded by Policy’s Anti-Assignment Clause
Tred R. Eyerly | Insurance Law Hawaii The Supreme Court of Maryland upheld the insured’s assignment of a post-loss claim despite the policy’s anti-assignment provision. In re Featherfall Restoration, LLC, 2025 Md. LEXIS 294 (Md. July 24, 2025). The insureds purchased a “High Value’ homeowners policy from Travelers Home and Marine Insurance… Continue reading Assignment of Claim not Precluded by Policy’s Anti-Assignment Clause
Multi-Tiered Dispute Resolution Systems—Seeking ‘Party-Controlled’ Resolution Opportunities Before Arbitration or Litigation
David G. Thomas and Angela C. Bunnell | GreenbergTraurig Litigation and arbitration can be time-consuming, expensive, and emotionally draining for all concerned. Although arbitration was designed to be faster and more cost-effective than court proceedings, both are still “rights-based” dispute resolution models at their core. In those models, the parties give control of the outcome… Continue reading Multi-Tiered Dispute Resolution Systems—Seeking ‘Party-Controlled’ Resolution Opportunities Before Arbitration or Litigation