John Craig Q.C., Justin Duguay, Charlene Hiller and Jason Roth | Bennett Jones As the construction industry adapts to operating in a COVID-19 world, the effects of the pandemic will continue to be felt as the economy moves from crisis to recovery. Projects have taken an array of unexpected turns during emergency shutdowns and modified… Continue reading Claims Committees and Disputes in the Construction Industry
Tag: Construction Disputes
ADR for Construction Disputes During COVID-19: How to Manage Dispute Resolution Before and After the Dust Settles
Albert Bates, Jr. and R. Zachary Torres-Fowler | Pepper Hamilton Days after the World Health Organization declared the COVID-19 outbreak a global pandemic, governments from around the world scrambled to enact measures aimed at mitigating the spread of the virus. In the United States, cities and states have enacted travel restrictions, issued shelter-in-place orders, and… Continue reading ADR for Construction Disputes During COVID-19: How to Manage Dispute Resolution Before and After the Dust Settles
Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens
Robert G. Campbell and Trevor B. Potter | Construction Executive There may be tension between the enforcement of statutory mechanic’s lien claims when a contractual dispute resolution provision calls for arbitration. Once the parties are in arbitration, it may not be clear whether the arbitrator has authority to make factual determinations regarding amount and validity… Continue reading Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens
New Jersey Federal Court Provides Clarification/Limitation on the Application of the Continuous Trigger Theory in Construction Defect Cases
Margo Meta and Anthony Miscioscia | White and Williams The proper trigger of coverage in construction defect disputes has been addressed on several occasions by New Jersey courts. Most notably, in Air Master & Cooling, Inc. v. Selective Insurance Company of America, 452 N.J. Super. 35, 171 A.3d 214 (App. Div. 2017), the New Jersey Appellate… Continue reading New Jersey Federal Court Provides Clarification/Limitation on the Application of the Continuous Trigger Theory in Construction Defect Cases
The Registrar of Contractors and the Residential Contractors’ Recovery Fund: One Size Does Not Fit All
Creighton Dixon | Snell & Wilmer The Arizona Court of Appeals recently published a decision examining the Registrar of Contractor’s (“ROC”) handling of a homeowner’s claim involving the Residential Contractors’ Recovery Fund (the “Fund”). The decision, Gordon v. Arizona Registrar of Contractors, 247 Ariz. 146 (App. 2019), is a helpful reminder that while the ROC and… Continue reading The Registrar of Contractors and the Residential Contractors’ Recovery Fund: One Size Does Not Fit All