Robert K. Cox | Williams Mullen | July 27, 2018 It is a common situation in the world of construction project disputes – the parties’ contract includes an arbitration clause. One party files a lawsuit in a court over a dispute, and the other party files a motion to stay or dismiss the lawsuit and… Continue reading When Your Contract Includes an Arbitration Clause: Who Decides the Arbitrability of the Dispute?
Tag: Construction Contract
Utah Still Thinks Privity of Contract is Important
Parker A. Allred | Snell & Wilmer | July 16, 2018 In recent years, a few law firms have made a cottage industry of enticing condominium home owners associations to sue the project developers over many issues, very often for alleged construction defects. Numerous homeowners’ associations have filed lawsuits against developers, contractors, and builders for… Continue reading Utah Still Thinks Privity of Contract is Important
“Was Not” versus “Is So”: Court Clarifies Whether Exceeding Monetary License Limit Affects Contractor’s Recovery
Matthew DeVries | Burr & Forman LLP | June 18, 2018 After a great extended weekend on the beaches of Florida, we embarked upon the drive back to Nashville with six kids. Despite the clearly defined travel rules, the antagonizing kid was putting his feet on the emotional kid. The creative kid was writing on… Continue reading “Was Not” versus “Is So”: Court Clarifies Whether Exceeding Monetary License Limit Affects Contractor’s Recovery
Judge Salinger: Defendant’s Letter Disputing Existence of Contract Does Not Trigger Start of Statute of Limitations Period for Plaintiff
Matthew P. Ritchie and Natalie M. Cappellazzo | Nutter McClennen & Fish LLP | March 9, 2018 In Bay Colony, Judge Salinger denied the defendants’ motion to dismiss a contract claim as time barred even though one defendant (AMB) had sent a letter to the plaintiffs more than six years earlier disputing the existence of a… Continue reading Judge Salinger: Defendant’s Letter Disputing Existence of Contract Does Not Trigger Start of Statute of Limitations Period for Plaintiff
Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes
Christopher G. Hill | Construction Law Musings | February 7, 2018 The Federal Miller Act is a great tool that subcontractors and suppliers on Federal projects can use for collection of wrongfully withheld amounts due. However, as a recent federal case from the Eastern District of Virginia points out, the construction contract’s terms affect when a subcontractor… Continue reading Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes