Robert Alfert, Jr. and Edward R. Philpot | Nelson Mullins Riley & Scarborough LLP | November 2, 2018 “Litigation is a basic legal right guaranteeing every corporation its decade in court.” Attributed to David Porter, Executive Vice President of Microsoft. Most courts and juries are ill-equipped to handle complex business and technical litigation matters, yet most… Continue reading Rethinking the Boilerplate: Alternative Dispute Resolution Procedures in Construction Contracts
Category: Dispute Resolution
A Word to the Wise: The AIA Revised Contract Documents Could Lead to New and Unanticipated Risks – Part II
George Talarico | Construction Executive | September 18, 2018 Part I addressed general conditions, revised insurance terms, revisions that affect owner’s required insurance and revisions that affect contractor’s required insurance. REVISIONS THAT AFFECT DISPUTE RESOLUTION A seemingly minor but noteworthy change is to the definition of “Claim.” Under Section 15.1 a “Claim” is defined to: include… Continue reading A Word to the Wise: The AIA Revised Contract Documents Could Lead to New and Unanticipated Risks – Part II
Strategy for Enforcement of Dispute Resolution Rights
Whitney Judson | Smith Currie | May 21, 2018 Arbitration and litigation each offer their own benefits and drawbacks to litigants looking to resolve a construction dispute. A careful analysis of these benefits and drawbacks may be helpful in determining whether to avoid or pursue either dispute resolution process. Arbitration is oftentimes regarded as the… Continue reading Strategy for Enforcement of Dispute Resolution Rights
2 Dispute Resolution Choices For Construction Contracts
Stacy La Scala | JAMS | May 7, 2018 It was the best of provisions; it was the worst of provisions, crafted by the wise and well-meaning alike. For years, construction documentation has been primarily sourced from the American Institute of Architects. The AIA provided guidance through the publication of contractual provisions involving many aspects… Continue reading 2 Dispute Resolution Choices For Construction Contracts
California Supreme Court Holds that the Right to Repair Act is a Homeowner’s Exclusive Remedy for Damages Arising from Construction Defects for New Residential Construction
Robert Nobel | TLSS Construction Law Blog | February 15, 2018 In McMillin Albany LLC et al. v. The Superior Court of Kern County (Van Tassel) [Case No. S229762], the California Supreme Court held that California Civil Code §§ 895 et seq. (the “Right to Repair Act”) provides the exclusive remedy for construction defect claims for economic loss and resulting… Continue reading California Supreme Court Holds that the Right to Repair Act is a Homeowner’s Exclusive Remedy for Damages Arising from Construction Defects for New Residential Construction