Ira M. Schulman | The Dispute Resolver | April 28, 2016 The construction industry has been a leader in the use of arbitration to resolve disputes. In the past 30 years, it is fair to say that arbitration has outpaced litigation as the dominant method of dispute resolution. The protracted time for a construction case… Continue reading Agreements to Arbitrate Are Simple, Right?
Month: May 2016
Blasting Claims 101: Potential Costs
Josh Bennett | Rogers Townsend | April 27, 2016 In recent years, there has been an ever increasing number of property damage lawsuits filed against those industries who use explosives (Ludwiczak, n.d.). These claims for blasting damages are mainly against the mining, construction, and quarry operations throughout the United States (Ludwiczak, n.d.). Blasting claims usually… Continue reading Blasting Claims 101: Potential Costs
Killer Clauses in Construction Subcontracts: Allocating Risk with Subcontractor Agreements
James T. Dixon, P. Wesley Lambert and Amanda M. Leffler | Brouse McDowell | April 21, 2016 As last week’s newsletter mentioned, 2016 is expected to bring continued growth to the construction industry. This growth also brings increased risk. And, it is through the contract and subcontract documents that project participants will try to minimize… Continue reading Killer Clauses in Construction Subcontracts: Allocating Risk with Subcontractor Agreements
Tips in Evaluating Coverage for Construction Defect Claims
James T. Dixon, P. Wesley Lambert and Amanda M. Leffler | Brouse McDowell | April 14, 2016 Construction activity exploded in 2015, and analysts predict that 2016 will be another strong year for the industry. While this is positive news, more new construction means more construction defect litigation. So if you’re a contractor, subcontractor, landowner,… Continue reading Tips in Evaluating Coverage for Construction Defect Claims
Federal Court in Georgia Holds Specific Contractual Intent to Benefit Required for Tenant to Be Third-Party Beneficiary of Construction Contract
Kenneth A. Cushing | Pepper Hamilton LLP | April 21, 2016 J.C. Penney Props. v. Hiram LL, LLC, 2016 U.S. Dist. LEXIS 8027 (N.D. Ga. Jan. 25, 2016) In January 2008, Hiram LL, LLC (“Hiram”) leased property to J.C. Penney Properties, Inc. (“J.C. Penney”) for the construction and operation of a J.C. Penney retail store. … Continue reading Federal Court in Georgia Holds Specific Contractual Intent to Benefit Required for Tenant to Be Third-Party Beneficiary of Construction Contract