Tony Lehman – November 15, 2013 In August, the Supreme Court of South Carolina addressed the reach of the interstate-commerce requirement of the Federal Arbitration Act (FAA). Cape Romain Contractors v. Wando E., LLC, 747 S.E. 2d 461 (S.C. 2013). It also addressed whether an Owner could compel arbitration of a lien-foreclosure action filed by… Continue reading Scope of Federal Arbitration Act Allows Contractor to Compel Arbitration
Tag: arbitration
Conditions Precedent to Dispute Resolution: a Help or a Hindrance?
Stanley A. Martin – September 9, 2013 The AIA A201 General Conditions posit the architect’s decision on a claim as a condition precedent to arbitration of that claim. A recent New York appellate decision demonstrates why this clause, employed as a roadblock many years after the dispute arose, should be modified by the AIA. In… Continue reading Conditions Precedent to Dispute Resolution: a Help or a Hindrance?
Conditions Precedent To Dispute Resolution: A Help Or A Hindrance?
Stanley Martin – September 10, 2013 The AIA A201 General Conditions posit the architect’s decision on a claim as a condition precedent to arbitration of that claim. A recent New York appellate decision demonstrates why this clause, employed as a roadblock many years after the dispute arose, should be modified by the AIA. In 2013,… Continue reading Conditions Precedent To Dispute Resolution: A Help Or A Hindrance?
Electrical Discovery In Commercial, Construction Disputes Poses Challenges
Gregory R. Meeder – March 13, 2013 Arbitration and mediation, two forms of alternative dispute resolution (ADR), are popular forums in which to resolve commercial and construction disputes because ADR is considered less expensive, faster and more efficient than court litigation. In recent years, however, ADR — specifically arbitration — has been criticized as becoming no… Continue reading Electrical Discovery In Commercial, Construction Disputes Poses Challenges
Arbitration vs. Litigation – 5 Issues to Consider
J. David Arkell and Benjamin M. Petre – February 14, 2013 Our topic for the month… Deciding whether to utilize a mandatory arbitration clause in a contract is important, especially in the construction industry. Advantages and disadvantages of litigation versus arbitration should be carefully weighed before entering into a contract or subcontract. Factors to consider:… Continue reading Arbitration vs. Litigation – 5 Issues to Consider