R. Zachary Torres-Fowler, Albert Bates, Jr. and David E. Harrell, Jr. | Global Arbitration Review Introduction Construction and engineering disputes continue to make up one of the largest industry sectors for international arbitration institutions around the world. Given the technical complexity and lengthy duration of many construction projects, disputes are almost inevitable. Contractors must understand… Continue reading Contractor’s Claims, Remedies and Reliefs
Category: Construction Law
Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
John Mark Goodman | BuildSmart A federal judge in Oregon has tossed a subcontractor’s unjust enrichment or “quantum meruit” claim against the owner because the subcontractor did not first exhaust its contractual remedies against the contractor. Exhaustion of remedies is a common legal doctrine that generally requires parties to pursue relief in a particular order. In… Continue reading Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
Timely Filed, Wrongly Rejected: Court of Appeal Reinforces Summary Judgment Rights
Haight Brown & Bonesteel In CFP BDA, LLC v. Superior Court (2025), the California Court of Appeal, Fourth Appellate District, Division Two (Riverside), issued a published opinion that clarifies a recurring procedural dilemma in civil litigation: whether trial courts may deny a timely motion for summary judgment based solely on local calendaring rules. The Court held they… Continue reading Timely Filed, Wrongly Rejected: Court of Appeal Reinforces Summary Judgment Rights
Imagining Coverage Litigation In The Age Of Artificial Intelligence
Daniel E. Tranen | Wilson Elser My dear Miss Glory, the Robots are not people. Mechanically they are more perfect than we are; they have an enormously developed intelligence, but they have no soul.1 This quote was used at the outset of Bunce v. Visual Tech. Innovations, Inc.2– a recent case involving a lawyer who used… Continue reading Imagining Coverage Litigation In The Age Of Artificial Intelligence
At the Border of Contract and Torts in Construction Disputes
Garret Murai | California Construction Law Blog “The declining significance of privity has found its way to construction law.” So begins the 4th District Court of Appeal’s decision in Lynch v. Peter & Associates, Engineers, Geologists, Surveyors, Inc., 104 Cal.App.5th 1181 (2024). The case addresses the legal duty of care owed by construction professionals – specifically… Continue reading At the Border of Contract and Torts in Construction Disputes