Stavros Brekoulakis and Ahmed El Far | Global Arbitration Review Major construction projects typically involve several parties and interrelated contracts, including subcontracts. Although the provisions of the main contract between the employer and the contractor do not usually become a part of the subcontractor’s agreement, a dispute arising out of the main contract may give… Continue reading Subcontracts and Multiparty Arbitration in Construction Disputes
Tag: Construction Contract
Claims Resolution Procedures in Construction Contracts
Joanne Clarke and Victoria Tyson | Global Arbitration Review Introduction Claims in construction projects are normal and to be expected, but the success of a project may be measured by, among other things, how claims have been administered and whether the parties have managed to avoid claims becoming disputes. Claims may arise under the contract… Continue reading Claims Resolution Procedures in Construction Contracts
Construction Disputes: Suitability And Up-Front Considerations For Arbitration Rule Selection
J. Laurens Wilkes, Michael J. Stepek, Gustavo J. Membiela and Imad Khan | Winston & Strawn The selection of arbitration for complex construction projects continues to increase[1] – and, for good reasons: its finality, confidentiality and rules are suitable for complex, multiparty, and technically demanding matters. The flexibility of arbitration – tailoring procedures, selecting technically qualified… Continue reading Construction Disputes: Suitability And Up-Front Considerations For Arbitration Rule Selection
Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
John Mark Goodman | BuildSmart A federal judge in Oregon has tossed a subcontractor’s unjust enrichment or “quantum meruit” claim against the owner because the subcontractor did not first exhaust its contractual remedies against the contractor. Exhaustion of remedies is a common legal doctrine that generally requires parties to pursue relief in a particular order. In… Continue reading Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
Mandatory Laws and Extra-Contractual Claims
Eun Young Park, Zac Sharpe, Sanghoon Han and Hyunyang Ko | Global Arbitration Review Introduction Construction contracts are normally detailed documents with voluminous appendices that are finalised after several rounds of internal review, clarification and careful consideration. The working assumption of the procurement and marketing teams involved in contract negotiations is that the agreement between… Continue reading Mandatory Laws and Extra-Contractual Claims