Casey Cross | Bricker & Eckler | July 10, 2019 In Berkley Ins. Co. v. Kent State University, Case No. 2018-00579, 2018-Ohio-5453 (Dec. 6, 2018), the Ohio Court of Claims held that when a construction contract contains a mandatory dispute resolution process, that process must be followed. Otherwise, the surety or contractor’s claim is irrevocably waived.… Continue reading Ohio Court of Claims Upholds Necessity of Contractors and Sureties to Follow Contractual Dispute Resolution Process
Tag: dispute resolution
Dispute Resolution in the USA
Caitlyn Slovacek, Robert J. Ward and Robert M. Abrahams | Schulte Roth & Zabel | April 29, 2019 Litigation Court system What is the structure of the civil court system? The United States Supreme Court is the highest federal court and is provided for in article III of the United States Constitution. The Supreme Court… Continue reading Dispute Resolution in the USA
Dispute Resolution in California
Peter S. Selvin | TroyGold PC | April 29, 2019 Litigation Court system What is the structure of the civil court system? In the US, there are parallel state and federal court systems, consisting in each case of a trial court, an intermediate appellate court and a Supreme Court. While there are a number of… Continue reading Dispute Resolution in California
The Devil’s in the Details: Dispute Resolution and Attorney’s Fees Contract Clauses
Kent B. Scott | Babcock Scott & Babcock | December 13, 2018 If you are a business owner, a property owner, or you work in the real estate industry, you have undoubtedly signed, drafted, reviewed, or negotiated many contracts. At their most fundamental level, written contracts are nothing more than the memorialization of the… Continue reading The Devil’s in the Details: Dispute Resolution and Attorney’s Fees Contract Clauses
A Word to the Wise: The AIA Revised Contract Documents Could Lead to New and Unanticipated Risks – Part II
George Talarico | Construction Executive | September 18, 2018 Part I addressed general conditions, revised insurance terms, revisions that affect owner’s required insurance and revisions that affect contractor’s required insurance. REVISIONS THAT AFFECT DISPUTE RESOLUTION A seemingly minor but noteworthy change is to the definition of “Claim.” Under Section 15.1 a “Claim” is defined to: include… Continue reading A Word to the Wise: The AIA Revised Contract Documents Could Lead to New and Unanticipated Risks – Part II