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

Improving Arbitration By Private Right of Appeal

Patricia H. Thompson | Forum on Construction Law The belief that there can be no appellate remedy for erroneous arbitration awards is widespread but mistaken. Granted, the Federal Arbitration Act (FAA) and many state arbitration statutes provide limited judicial relief from a final arbitration award.1 Indeed, the FAA does not allow for any judicial appellate review of an… Continue reading Improving Arbitration By Private Right of Appeal

Read Your Contract: It May Cost You Your Arbitration Award

Sydney M. Warren and J. David Pugh | Buildsmart Imagine receiving an arbitration award in favor of your client. You move to confirm the award, and the award is vacated because the parties failed to mediate prior to arbitration. That is exactly what happened in Burke v. Roberson. In December 2020, the First Court of Appeals… Continue reading Read Your Contract: It May Cost You Your Arbitration Award

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