Jack P. Levin | FedArb Imagine that you are a pilot, physician, lawyer, accountant, engineer, military commander, plumber, teacher, or anyone whose job is to make decisions. Now imagine that you have made one such decision, and you then realize that you have made a mistake. What if the rules of your profession or business… Continue reading Fixing ‘Unfixable’ Errors in Arbitration Awards
Tag: Arbitration Award
When Logic Doesn’t Matter: Why ‘Irrational’ Isn’t a Ground to Overturn an Arbitration Award in Tennessee
Matthew DeVries | Best Practice Construction Law Arbitration has long been viewed as a faster, more efficient alternative to litigation. But anyone involved in construction disputes today knows that is not always the case. The process can be just as costly, sometimes taking as long as a court case. Yet one thing remains consistent, and… Continue reading When Logic Doesn’t Matter: Why ‘Irrational’ Isn’t a Ground to Overturn an Arbitration Award in Tennessee
Construction Litigation Roundup: “Based on New Information …”
Daniel Lund III | Phelps Dunbar Based on new information … your arbitration award is thrown out! So said the United States Eleventh Circuit Court of Appeals, affirming a district court’s vacatur of the award based upon the award having been procured by fraud. The lower court ruled as it did notwithstanding the fact that… Continue reading Construction Litigation Roundup: “Based on New Information …”
Construction Litigation Roundup: “You (Can’t) Just Keep Me Hangin’ On!”
Daniel Lund III | Phelps Dunbar You (can’t) just keep me hangin’ on! In federal court proceedings in Colorado against a Miller Act surety as a follow-up to an arbitration award rendered against the surety’s principal, the surety was tagged with paying the attorney’s fees incurred by the plaintiff obligee in the court action. The… Continue reading Construction Litigation Roundup: “You (Can’t) Just Keep Me Hangin’ On!”
How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict
Abigail B. Harris and Jim Archibald | BuildSmart How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration award that didn’t resolve all claims against all parties in the trial court was not… Continue reading How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict