Gregory M. Boucher | Construction Industry Counselor | May 24, 2019 Construction contracts often contain agreements requiring mediation before a party may file a lawsuit. However, a party may not want to wait through the mediation process and instead may prefer to go straight to a lawsuit. Given that mediation is not binding and does… Continue reading Court Enforces Contractual Agreement for Mediation Before Filing Lawsuit
Tag: Construction Contract
Do You Really Want Mandatory Arbitration in Your Construction Contract?
Christopher G. Hill | Construction Law Musings | May 14, 2019 If you are in construction, you have likley run across (or even drafted) a dispute resolution provision into your construction contract. If you’ve been building for any length of time, you’ve read dispute resolution provisions containing mandatory arbitration clauses. These clauses can be found in… Continue reading Do You Really Want Mandatory Arbitration in Your Construction Contract?
Ambiguity Kills in Construction Contracting
Christopher G. Hill | Construction Law Musings | April 19, 2019 Well, I’m back and hope to have a more consistent publishing schedule moving forward. I appreciate the continued readership through what has been a busy time for my solo construction practice over the last couple of months. Now, back to our program. . . Here at… Continue reading Ambiguity Kills in Construction Contracting
Illinois Supreme Court: Subcontractors No Longer Subject to Claims for Breach of the Implied Warranty of Habitability
Jeremy P. Brummond and Patrick J. Thornton | Lewis Rice | April 29, 2019 Recently, in Sienna Court Condominium Association v. Champion Aluminum Corporation, et al., the Illinois Supreme Court (“the Supreme Court”) held that if a purchaser of a newly constructed condominium or residence does not have a contract with a subcontractor who provided work… Continue reading Illinois Supreme Court: Subcontractors No Longer Subject to Claims for Breach of the Implied Warranty of Habitability
Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer Agreement
Amandeep Kahlon | Buildsmart | April 23, 2019 In March, a Massachusetts federal court addressed whether a design-builder contractor could recover for breach of contract under an intended third-party beneficiary theory against a design firm hired by the project owner to complete 30% designs. In Arco Ingenieros, S.A. DE C.V. v. CDM International Inc., a Salvadoran… Continue reading Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer Agreement