David Adelstein | Florida Construction Legal Updates | January 6, 2018 Binding arbitration is an alternative to litigation. Instead of having your dispute decided by a judge and/or jury, it is decided by an arbitrator through an arbitration process. Arbitration, however, is a creature of contract, meaning there needs to be a contractual arbitration provision requiring the… Continue reading Does Arbitration Apply to Contemporaneously Executed Contracts (When One of the Contracts does Not Have an Arbitration Provision)?
Tag: Advise & Consult
Designing an Effective Arbitration Clause
Charles w. Surasky | Smith Currie & Hancock | January 9, 2018 Claims and disputes arising from construction projects are often costly and time consuming to resolve. While it is best to avoid construction claims and disputes from the beginning of a project, it is important to resolve them quickly and efficiently once they arise.… Continue reading Designing an Effective Arbitration Clause
A 4-Pointer Guide to Choosing the Right Arbitrator
Baker & Hostetler LLP | December 29, 2017 Arbitration is an alternative way to resolving disputes. It is often considered fast, cheaper and flexible vis-a-vis a litigation process. For this reason, the service offered by litigators is a high demand, leading to an upsurge in the number of entrants in the field. These make choosing the… Continue reading A 4-Pointer Guide to Choosing the Right Arbitrator
No Privity, No Problem: Louisiana Court of Appeals Holds That Project Manager Owes a Duty of Professional Care to General Contractor Despite a Lack of Privity
R. Zachary Torres-Fowler | Pepper Hamilton LLP | January 18, 2018 Lathan Co. v. State, No. 2016-CA-0913, 2017 La. App. LEXIS 2277 (La. App. 1st Cir. Dec. 6, 2017). On December 6, 2017, the Louisiana Court of Appeals, First Circuit, reversed and remanded the trial court’s decision to grant the appellee’s, Jacobs Project Management Co./CRSS… Continue reading No Privity, No Problem: Louisiana Court of Appeals Holds That Project Manager Owes a Duty of Professional Care to General Contractor Despite a Lack of Privity
No Coverage for Building’s First Collapse, But Disputed Facts on Second Collapse
Tred R. Eyerly | Insurance Law Hawaii | January 3, 2018 While building’s first collapse was not covered, there were disputed facts regarding the second collapse, leading to a reversal of the order granting summary judgment to the insurer on both collapses. Intergroup Int’l Ltd. v. Cincinnati Ins. Cos, 2017 Ohio app. LEXIS 5099 (Ohio Ct.… Continue reading No Coverage for Building’s First Collapse, But Disputed Facts on Second Collapse