David Adelstein | Florida Construction Legal Updates As you know from prior postings: “Arbitration provisions are creatures of contract and must be construed ‘as a matter of contract interpretation.’ ” Fallang Family Limited Partnership v. Privcap Companies, LLC, 46 Fla.L.Weekly D639e (Fla. 4th DCA 2021) (citation omitted). Thus, if you prefer to arbitrate potential disputes, instead of litigating… Continue reading Clearly Determining in Contract Who Determines Arbitrability of Dispute
Month: May 2021
Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed
James P. Bobotek | Virginia State Bar When preparing commercial contracts, parties strive for certainty to prevent post-execution risk allocation surprises. This is particularly true when drafting indemnification clauses in construction-related contracts. To prevent downstream parties with little contracting leverage from being asked to indemnify upstream parties for those upstream parties’ own negligence, the vast… Continue reading Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed
Top 10 Things To Like About Virtual Insurance Mediations
Andrew S. Nadolna | JAMS Virtual mediation is the newest tool in the insurance alternative dispute resolution (ADR) toolbox, and it is here to stay. Here are 10 reasons to use virtual mediation for insurance-related matters. 1. Inventory reduction—now Right now, there is a window of opportunity. COVID-19-related insurance cases are arising quickly. They will… Continue reading Top 10 Things To Like About Virtual Insurance Mediations
AAA Releases Discovery Best Practices for Construction Arbitration
Patrick McKnight | Forum on Construction Law The American Arbitration Association (“AAA”) recently released an important new document, “Discovery Best Practices for Construction Arbitration: Recommendations for AAA Construction Advocates and Arbitrators.” These best practices are intended to “educate advocates and arbitrators to better manage pre-hearing exchanges of information in construction disputes.” Generally, the seven-page document… Continue reading AAA Releases Discovery Best Practices for Construction Arbitration
Wind, Rain, Temperature and Construction Contracts: How to Provide for Climate Change in Your Engineering and Construction Project
Risteard do Paor | Dentons The construction industry is one of the most vulnerable industries to the effects of climate change due to its reliance on outdoor activities and labor. Forty-five percent of construction projects are affected by adverse weather, on a global level, resulting in billions of dollars in additional costs each year, mainly… Continue reading Wind, Rain, Temperature and Construction Contracts: How to Provide for Climate Change in Your Engineering and Construction Project