Subcontracts and Multiparty Arbitration in Construction Disputes

Stavros Brekoulakis and Ahmed El Far | Global Arbitration Review Major construction projects typically involve several parties and interrelated contracts, including subcontracts. Although the provisions of the main contract between the employer and the contractor do not usually become a part of the subcontractor’s agreement, a dispute arising out of the main contract may give… Continue reading Subcontracts and Multiparty Arbitration in Construction Disputes

Contractor’s Claims, Remedies and Reliefs

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

Construction Disputes: Suitability And Up-Front Considerations For Arbitration Rule Selection

J. Laurens Wilkes, Michael J. Stepek, Gustavo J. Membiela and Imad Khan | Winston & Strawn The selection of arbitration for complex construction projects continues to increase[1] – and, for good reasons: its finality, confidentiality and rules are suitable for complex, multiparty, and technically demanding matters. The flexibility of arbitration – tailoring procedures, selecting technically qualified… Continue reading Construction Disputes: Suitability And Up-Front Considerations For Arbitration Rule Selection

Colorado Court of Appeals Provides Guidance on What Arbitration-Related Orders are Appealable

Andrew Vogelgesang | Higgins, Hopkins, McLain & Roswell The Colorado Court of Appeals recently issued a decision in The Pool Company v. MW Golden Constructors and Western Surety Company, 2024 COA 116, clarifying what arbitration-related orders are appealable. Background of the Dispute This dispute arose between MW Golden Constructors (“MW Golden”) and The Pool Company (“Pool… Continue reading Colorado Court of Appeals Provides Guidance on What Arbitration-Related Orders are Appealable

Signed By Silence?: Court Finds Consumer Agreed to Arbitration By Failing to Respond to a Text Message- and Its a Little Odd

Eric Troutman | Troutman Amin Hello from the road! So contract law generally requires a party to manifest their assent to the terms of any agreement. That means while you cannot get away with saying “I didnt read the contract I signed” you generally can get away with “I didn’t sign the contract.” haha. In Thompson… Continue reading Signed By Silence?: Court Finds Consumer Agreed to Arbitration By Failing to Respond to a Text Message- and Its a Little Odd