Marc Feinstein, Sherin Parikh and Andrew Weisberg | O’Melveny & Myers In March 2024, the American Arbitration Association (AAA) updated its Construction Industry Arbitration Rules, introducing two specific revisions that could impact future arbitrations. The revisions relate to consolidation and joinder, as well as arbitrator selection. As we approach the one-year anniversary of these changes,… Continue reading 2024 Construction Arbitration Rules Update
Keep an Eye Out on What Your Insurance Policy and Contract Says
David Adelstein | Florida Construction Legal Updates There is a very good reason the contract requires the party providing a service (e.g., subcontractor) to name the paying party (e.g., general contractor) as an additional insured under its liability policies (e.g., CGL policy) on a primary and non-contributory basis. There is also a very good reason why you, as an insured, should read… Continue reading Keep an Eye Out on What Your Insurance Policy and Contract Says
Preparing for the Threat of New Tariffs: Three Clauses to Look for in Your Federal Construction Contracts
Abby Bello Salinas and Michael A. Branca | Peckar & Abramson The Trump administration’s imposition of new tariffs is anticipated to have large-scale effects on costs in the construction industry. This article focuses on three important clauses in direct federal contracting that dictate contractors’ rights and responsibilities when it comes to price escalation, increased costs,… Continue reading Preparing for the Threat of New Tariffs: Three Clauses to Look for in Your Federal Construction Contracts
Oh Snap: The Latest on Snap Removal to Federal Court
Katie Fillmore | Michael Best & Friedrich “Snap removal” is a legal strategy employed by defendants to transfer a case from state court to federal court before a forum defendant—that is, a defendant who is a citizen of the state where the lawsuit was filed—is served with the complaint. This tactic leverages the “properly joined… Continue reading Oh Snap: The Latest on Snap Removal to Federal Court
The Complexities of Construction Dispute Resolution, Part I: Statutory Adjudication
Tony Cole | JAMS While disputes can occur in any type of commercial transaction, construction contains a unique mix of “ingredients” that increase the likelihood that disputes will arise. Whereas most commercial transactions involve only a few parties, construction projects involve many participants, each with its own needs and priorities, and each engaged in a… Continue reading The Complexities of Construction Dispute Resolution, Part I: Statutory Adjudication