Alexander G. Thrasher | BuildSmart Although many construction contracts contain arbitration provisions, it is not always clear whether a particular dispute is subject to arbitration and, in some cases, a party may seek to litigate a dispute rather than demand arbitration. In those cases, a defendant may move to compel the dispute to arbitration and… Continue reading Motion to Compel Arbitration Denied? District Court Proceedings Automatically Stayed Pending Appeal
Month: July 2023
Another Win for Arbitration at U.S. Supreme Court
John S. Delikanakis | Snell & Wilmer On June 23, 2023, the U.S. Supreme Court held in Coinbase v. Bielski that U.S. district court proceedings are automatically stayed during a non-frivolous appeal of a denied motion to compel arbitration. The Court’s decision can be read here. Section 16(a) of the Federal Arbitration Act (FAA) authorizes the immediate appeal… Continue reading Another Win for Arbitration at U.S. Supreme Court
Jumping Through (Enforceable) Hoops: The Importance of Certainty in Multi-tier Dispute Resolution Clauses
Marie Devereux and Roberta Downey | Vinson & Elkins Contracts in the construction industry often include multi-tiered dispute resolution clauses. These are clauses which set out in an escalating sequence the stages of dispute avoidance and/or alternative dispute resolution (“ADR”) processes that parties would need to go through or follow before referring a dispute to… Continue reading Jumping Through (Enforceable) Hoops: The Importance of Certainty in Multi-tier Dispute Resolution Clauses
Florida’s Lien Law is Under Construction
Jacqueline Feliciano | Adams and Reese Earlier this month, House Bill 331 was signed by Florida Gov. Ron DeSantis. House Bill 331 revises several provisions of Florida’s Construction Lien Law, which is codified in Chapter 713, Part I of the Florida Statutes. Becoming familiar with these changes is crucial as they are set to take… Continue reading Florida’s Lien Law is Under Construction
New Amendments to Virginia’s “Prompt Payment” Law take effect July 1, 2023
W. Alexander Burnett and Christopher McDonald | Williams Mullen In 2022, the General Assembly enacted significant changes to Virginia Code §§ 2.2-4347, 2.2-4354 and 11-4.6 that mandated prompt payment by owners, contractors and subcontractors on public and private construction projects and invalidated “pay if paid” clauses (the Prompt Payment law). That Prompt Payment law became effective as of January 1,… Continue reading New Amendments to Virginia’s “Prompt Payment” Law take effect July 1, 2023