Stanley A. Martin | Commonsense Construction Law Construction of an apartment building was completed in 2005, under a contract with an arbitration clause. The building was sold in 2015, and the seller assigned its rights under the construction contract to the buyer. In 2018, one or more balconies on the building collapsed. Subsequent investigation showed… Continue reading Agreement to Arbitrate Assignable, but Subject to Statute of Limitations
Tag: Arbitration Clause
Arbitration Clauses Will Continue to Dominate in Reinsurance Contracts
Michael Knoerzer | Clyde & Co Insurers to consider arbitration as an effective strategy in 2020. Insurers and insurance attorneys have a love-hate relationship with arbitration in insurance and reinsurance contracts. Generally, they love arbitration about as much as they love the last result in the last arbitration they had. Having said that, arbitration is… Continue reading Arbitration Clauses Will Continue to Dominate in Reinsurance Contracts
Why Builders Should Reconsider Arbitration Clauses in Construction Contracts
David M. McLain | Colorado Construction Litigation | September 23, 2019 My advice to home builders has long been to arbitrate construction defect claims instead of litigating them in front of juries. Based on my experience and watching others litigate claims, I have learned that home builders usually fare better in arbitration than in jury trials,… Continue reading Why Builders Should Reconsider Arbitration Clauses in Construction Contracts
Is It the Beginning of the End for Forced Arbitration Clauses? Let’s Hope
Deborah Trotter | Property Insurance Coverage Law Blog | September 28, 2019 In an historic win for American consumers and workers, on September 20, 2019, the U. S. House of Representatives passed H.R. 1423, the Forced Arbitration Injustice Repeal or FAIR Act,1 by a vote of 225 to 186. This groundbreaking bill could be the beginning… Continue reading Is It the Beginning of the End for Forced Arbitration Clauses? Let’s Hope
Arbitration Provision In Insurance Policy Applies Because Federal Arbitration Act Supersedes State Law Making Such Clauses Illegal
Chip Merlin | Property Insurance Coverage Law Blog | May 15, 2019 “Oh, Boy!” was my first thought after reading a case which holds that those arbitration agreements requiring policyholders to arbitrate in far-away places could not be stopped by state law. Congress should stop this, and state legislators should write laws to ban those… Continue reading Arbitration Provision In Insurance Policy Applies Because Federal Arbitration Act Supersedes State Law Making Such Clauses Illegal