Daniel D. McMillan, TJ Auner and Marcus Quintanilla | The Dispute Resolver Including an arbitration clause in your construction contract may not mean that your dispute will be confined to arbitration. Instead, parties often find themselves in court litigating threshold issues related to the existence and/or enforceability of an arbitration clause. Common issues include whether… Continue reading Navigating Threshold Arbitration Issues in Construction Contracts
Tag: arbitration
Stay of Coverage Case Appropriate While Court Determines Arbitrability of Dispute
Tred R. Eyerly | Insurance Law Hawaii The Fifth Circuit vacated a discovery order issued by the district court and remanded the case for issuance of a stay while the arbitrability of the coverage dispute was reviewed. Cameron Parish Recreation #6 v. Indian Harbor Ins. Co., et al., 2024 U.S. App. LEXIS 3804 (5th Cir.… Continue reading Stay of Coverage Case Appropriate While Court Determines Arbitrability of Dispute
Mistake No. 2 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Educating Clients on the Pros and Cons of Arbitration
David K. Taylor | BuildSmart Listen to this post I have practiced law for 40 years, with the vast majority of that time spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving well over 300 times as… Continue reading Mistake No. 2 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Educating Clients on the Pros and Cons of Arbitration
California Court Sends Solar Contractor’s Bond Claims to Arbitration
John Mark Goodman | BuildSmart A California federal court ruled last week that a surety can enforce an arbitration clause in a contract to which it is not a party. The dispute involves performance and payment bond claims brought by solar contractor Swinerton Builders, Inc. Swinerton brought the claims in California federal court against Argonaut… Continue reading California Court Sends Solar Contractor’s Bond Claims to Arbitration
AAA Updates Its Construction Industry Arbitration Rules and Mediation Procedures
Wendy Klein Keane, Adam Poliner and Anthony Riverso | Cozen O’Connor Effective March 1, 2024, the American Arbitration Association (the AAA) adopted an updated version of its Construction Industry Arbitration Rules and Mediation Procedures (the Rules), for the first time since 2015. The Rules were revised with input from nationwide stakeholders. Linked are the AAA’s updated Rules, announcement, and complete… Continue reading AAA Updates Its Construction Industry Arbitration Rules and Mediation Procedures