Alex Corey | Pepper Hamilton LLP | June 14, 2018 United States Home Corp. v. Ballesteros Trust, 2018 Nev. LEXIS 28 (Nev. Apr. 12, 2018) United States Home Corporation (“U.S.H.”) built homes in a Nevada common-interest community, subject to a Covenant, Conditions, and Restrictions agreement (“CC&R”), which provided that any dispute would be resolved by arbitration.… Continue reading Nevada Supreme Court Rules That Arbitration Clause in Common-Interest Community’s Covenants, Conditions, and Restrictions Binds Homeowners
Tag: Arbitration Clause
Undocumented Oral Agreement Came Within Scope of Written Arbitration Clause
Stan Martin | Commonsense Construction Law LLC | November 16, 2016 A hauling company submitted bids for removal of three different types of construction debris, and the parties agreed on and signed a contract covering two of those categories. Later, by oral agreement the third category initially bid on was added at a different price,… Continue reading Undocumented Oral Agreement Came Within Scope of Written Arbitration Clause
New Jersey Federal District Court Holds That Arbitration Clause In AIA A201-1997 Does Not Apply To Post Construction Disputes
Jane Fox Lehman | Pepper Hamilton LLP | September 15, 2016 Blackman & Co., Inc., v. GE Bus. Fin. Servs., Inc., 2016 U.S. Dist. LEXIS 87904 (D.N.J. July 7, 2016) Grove Street Realty Urban Renewal, LLC (“Grove Street”) contracted with Blackman & Co., Inc. (“Blackman”) to manage a project (the “Project”) to construct a four-story… Continue reading New Jersey Federal District Court Holds That Arbitration Clause In AIA A201-1997 Does Not Apply To Post Construction Disputes
Attorneys’ Fees Incurred and Awarded as a Result of a Property Damage Claim Are Covered Under HOA’s CGL Policy
Kevin Pollack | Property Insurance Coverage Law Blog | September 5, 2016 If an HOA is sued pertaining to a dispute over property damage, and the opposing party prevails and obtains an award of attorney fees, does the HOA’s liability insurance policy cover the attorney fee award? According to a recent district court decision in… Continue reading Attorneys’ Fees Incurred and Awarded as a Result of a Property Damage Claim Are Covered Under HOA’s CGL Policy
Is 30 Days Enough Time to Fully Arbitrate and Issue an Award for a Claim on a Partial Parking Garage Collapse? Federal Court Says Let the Arbitrator Decide
Brendan Carter | The Dispute Revolver | August 12, 2016 The plaintiff in Tribal Casino Gaming Enterprise v. W.G. Yates & Sons Construction Company et al entered into a contract for the expansion of an existing facility at Harrah’s Cherokee Casino in Cherokee, North Carolina with defendants in April of 2008. The project included the construction… Continue reading Is 30 Days Enough Time to Fully Arbitrate and Issue an Award for a Claim on a Partial Parking Garage Collapse? Federal Court Says Let the Arbitrator Decide