John Mark Goodman | BuildSmart A contract is an exchange of promises that the law will enforce. Contract law provides that promises are enforceable, under what circumstances, and the available remedies. Although application may vary by jurisdiction, there are some principles of contract law that have been widely adopted. One of those is the principle of “first… Continue reading First Material Breach: The “No Recovery” Rule
Tag: Construction Contract
Force Majeure & Impossibility: What Construction Leaders Need
Benton T. Wheatley and Anna Spicer | Commercial Construction Renovation Discourse surrounding force majeure clauses skyrocketed in the wake of COVID-19. Parties to contracts were confronted with the uncertainty of promising future performance when the future was far from certain. In particular, construction contracts felt the impact of this uncertainty through price escalations, tariffs, material… Continue reading Force Majeure & Impossibility: What Construction Leaders Need
How to Draft, Enforce, and Resolve Disputes Before They Disrupt Your Operations
Matthew Harrison | IR Global Contracts in Arizona Business: How to Draft, Enforce, and Resolve Disputes Before They Disrupt Your Operations Contracts are the foundation of nearly every business relationship. From purchasing goods to exchanging services, Arizona businesses rely on written agreements to define expectations, allocate risk, and protect their interests. When contracts are clear… Continue reading How to Draft, Enforce, and Resolve Disputes Before They Disrupt Your Operations
Dispute Resolution Clauses – 2 Minute Drafting Tips: Bulletin #7 – The Pros and Cons of Multi-Tiered/Escalating Dispute Resolution Clauses
Matthew Ghikas | Fasken The purpose of this bulletin, the seventh in our “Dispute Resolution Clauses – Two Minute Drafting Tips” series, is to provide parties involved in negotiating commercial agreements with quick, actionable tips for crafting effective dispute resolution clauses. This bulletin discusses the pros and cons of multi-tiered/escalating dispute resolution clauses. Multi-tiered dispute… Continue reading Dispute Resolution Clauses – 2 Minute Drafting Tips: Bulletin #7 – The Pros and Cons of Multi-Tiered/Escalating Dispute Resolution Clauses
California SB 82 and the End of “Infinite” Arbitration
Maytak Chin, Adam D. Brownrout and Megan Tao | ReedSmith Key takeaways Effective January 1, 2026, SB 82 will add Section 1670.15 to the California Civil Code, which may materially reshape how the enforcement of dispute resolution provisions in consumer agreements may be enforced in California. Overview of SB 82 According to its legislative history,… Continue reading California SB 82 and the End of “Infinite” Arbitration