E. Carson Lange | Rogers Towers When preparing or negotiating the terms of construction contracts, parties often indicate where any dispute that may arise between the parties must be litigated. Courts will generally enforce such “venue” or “forum selection” clauses, and such clauses, when carefully worded, can be an effective means to control where a… Continue reading Where, Oh Where, Can My Lawsuit be Filed?
Tag: Construction Dispute
The Irony of Defamation Lawsuits – Construction Edition
Stanley A. Martin | Duane Morris LLP | November 14, 2014 There is a certain irony in any defamation lawsuit, which is a public request for redress arising from a statement the claimant says should not have been made public. Now we have the construction version. Company A sues Company B, claiming statements of B… Continue reading The Irony of Defamation Lawsuits – Construction Edition
The Jury is Still Out On The Effectiveness Of The “Calderon Process”
Kevin Collins and Walter Dauterman | Litigation Advocates | September 18, 2014 The State of California implemented the “Calderon Process” almost two decades ago. The hope was this pre-litigation “mediation” process would lower the cost, and increase the likelihood of early settlement, of construction defect disputes. The Calderon Process requires a homeowners’ association (“HOA”) to notify… Continue reading The Jury is Still Out On The Effectiveness Of The “Calderon Process”
Arizona Contractors Confront Cardinal Change
Cindy Schmidt – Snell & Wilmer – September 4, 2014
New and Recently Revisited Florida Law Affecting Construction Disputes and Possible Implications
Lynn Maynard Gollin – Gordon & Rees LLP – August 25, 2014 In March 2014, Florida’s Fourth District Court of Appeal issued The School Board of Broward County, Florida v. Pierce GodwinAlexander & Linville, 137 So. 3d 1059 (Fla. 4th DCA 2014), an opinion that addresses two legal issues of interest to parties involved in… Continue reading New and Recently Revisited Florida Law Affecting Construction Disputes and Possible Implications