Timothy J. Toohey – September 14, 2012 In our December 2011 Under Construction newsletter, we reported on the tendency of certain California courts to decline to enforce arbitration provisions in construction defect cases. See Arbitration in California Construction Defect Cases After AT&T Mobility v. Concepcion. As we noted, California courts have continued after the U.S.… Continue reading California Supreme Court Enforces Arbitration Provision in Construction Defect Case
Month: October 2012
“Testing the Water Before Taking the Swim” – How Participating in Litigation May Constitute Waiver of the Right to Arbitration
R. Mark Donnell – August 31, 2012 There are plenty of reasons that parties include arbitration clauses in their contracts. But, there may also be good reasons to choose not to invoke those clauses, at least in the short term, even when one party has filed a complaint. For example, if a defendant believes the… Continue reading “Testing the Water Before Taking the Swim” – How Participating in Litigation May Constitute Waiver of the Right to Arbitration
The Resurrection of the “Completed and Accepted Work Doctrine”
John L. Shaw – September 10, 2012 In the recent Court of Appeals decision, Lamb vs. Duggins Welding, (No. COA12-129, August 7, 2012) the Court relied on a 1946 case (Price vs. Johnston Cotton Co. of Wendell, Inc. 266 N.C. 758) to support the application of the “Completed and Accepted Work Doctrine” and bar an… Continue reading The Resurrection of the “Completed and Accepted Work Doctrine”
House Passes Drywall Legislation
Advise & Consult, Inc. – October 4, 2012 There is still no assurance that the Drywall Act of 2012 becomes law and even less assurance that this bill will help anyone who is already suffering from financial and / or health effects from contaminated drywall that has swept through most of the country in the… Continue reading House Passes Drywall Legislation
Another Tool in the Fight in Construction Defects
Advise & Consult, Inc. – October 4, 2012 It has become pretty common to see advertising on TV and radio for CarFax, a tool that would be used car buyers can use to find out what, if anything, has happened to that particular car prior to them purchasing that car. They can find out if… Continue reading Another Tool in the Fight in Construction Defects