Build It And They Will [Sue]

Victor Metsch | Smith Gambrell & Russell | August 30, 2019 Virginia F. Kleist and Daniel Stern owned own lakefront properties within the Chautauqua Shores subdivision. All property owners were subject to covenants and restrictions that were filed in 1962, when the subdivision was developed. The covenants and restrictions give “each and every owner of… Continue reading Build It And They Will [Sue]

At What Cost? Navigating the Costly, Tricky Trends in Smaller Construction-Defect Disputes

Megan Ferris and Kristin Tannler | Construction Claims | Winter 2018 There is an ongoing trend in construction-defect litigation where lawsuits or arbitration claims involving contract, payment, or punch-list disputes transform into stubborn, unpredictable, and litigated disputes for which fees and expert costs far exceed the actual issues in dispute. These are not the multi-million-dollar… Continue reading At What Cost? Navigating the Costly, Tricky Trends in Smaller Construction-Defect Disputes

Floating on Assumption: Navigating Construction Project Float Ownership

Whitney Judson | International Law Office | January 7, 2019 Introduction Construction project schedules are oftentimes the source of many disputes between project owners and contractors. These disputes notoriously evolve into the subject of litigation and arbitration claims that assign fault for delayed project completion to one party or another. A party finding itself in… Continue reading Floating on Assumption: Navigating Construction Project Float Ownership

“Up On The Roof”

Victor Metsch | Smith Gambrell & Russell LLP | October 18, 2018 When this old world starts getting me down And people are just too much for me to face I climb way up to the top of the stairs And all my cares just drift right into space…[*] Every aspect of residential cooperative or… Continue reading “Up On The Roof”

Dispute Resolution: Arbitration – A Better Option for Resolving Construction Disputes

Kent B. Scott | Babcock Scott & Babcock This is the third installment in the series of articles on Dispute Resolution. Arbitration has long been favored as a means of resolving construction disputes.  Many standard construction contract documents provide for a mandatory binding arbitration of all disputes arising under or related to the contract. Arbitration… Continue reading Dispute Resolution: Arbitration – A Better Option for Resolving Construction Disputes