Stanley A. Martin | Commonsense Construction Law “Mandatory mediation” may seem an oxymoron, since mediation is a process whereby parties seek to resolve their dispute in an elective process. But a federal court judge has held that a contract clause mandating mediation prior to litigation is to be enforced. Thus, a third-party complaint between contracting… Continue reading Complaint Dismissed for Failure to Mediate First
Month: August 2021
Read Your Contract: It May Cost You Your Arbitration Award
Sydney M. Warren and J. David Pugh | Buildsmart Imagine receiving an arbitration award in favor of your client. You move to confirm the award, and the award is vacated because the parties failed to mediate prior to arbitration. That is exactly what happened in Burke v. Roberson. In December 2020, the First Court of Appeals… Continue reading Read Your Contract: It May Cost You Your Arbitration Award
Appraisal Provision Enforced
Burns White In a dispute involving the appraisal provision of a residential insurance policy, the Eastern District of Pennsylvania granted an insurer’s motion to dismiss a breach of contract claim after finding that the insured’s claim was a dispute over the value of the loss, not a coverage dispute, and that the claim must proceed… Continue reading Appraisal Provision Enforced
Enhancing Efficiency in Construction Disputes: Innovative Techniques for Presenting Evidence to Get to a Faster, More Cost-Effective Resolution
Laura C. Abrahamson | JAMS The rapid growth of construction arbitration over the last 20 years is a testament to its advantages over traditional litigation: speed, cost and flexibility. But as parties submit larger and more sophisticated disputes, they are looking for ways to ensure the process can still provide those advantages. The good news… Continue reading Enhancing Efficiency in Construction Disputes: Innovative Techniques for Presenting Evidence to Get to a Faster, More Cost-Effective Resolution
Recovering Attorneys’ Fees for Breach of Contract
Saira S. Siddiqui and Ryan T. Kinder | Buildsmart Texas lawyers finally have the ability to recover attorneys’ fees on behalf of their clients in all breach of contract matters, regardless of whether the other party is an individual, corporation, limited partnership, or limited liability company. The Texas Legislature has expanded the scope of Chapter… Continue reading Recovering Attorneys’ Fees for Breach of Contract