Daniel Lund III | Phelps Dunbar A respondent party in a pair of international arbitrations on the losing end of roughly $285,000,000 in adverse awards attacked the awards based upon arbitrator bias. “If there is one bedrock rule in the law of arbitration, it is that a federal court can vacate an arbitral award only… Continue reading Construction Litigation Roundup: “Apparently, It’s Not Always Who You Know”
Month: November 2023
Be Sure to Bring Up Any Mechanic’s Lien Defenses Early and Often
Christopher G. Hill | Construction Law Musings As those of you who regularly read Musings are aware, mechanic’s liens are a big part of my law practice and a big issue here at this construction law blog. I’ve discussed the picky requirements of the mechanic’s lien statutes in Virginia and how the 90 and 150-day rules are strictly enforced. However, a recent… Continue reading Be Sure to Bring Up Any Mechanic’s Lien Defenses Early and Often
Construction Litigation Roundup: “We Will Get You Paid!”
Daniel Lund III | Phelps Dunbar The Louisiana legislature enacted several years ago a mandamus statute geared at promoting payment to contractors engaged in public works projects in the state. Louisiana Revised Statute 38:2191 provides for mandamus – a summary procedure – for an aggrieved contractor to pursue payment plus attorney’s fees and interest when… Continue reading Construction Litigation Roundup: “We Will Get You Paid!”
Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services
Gus Sara | The Subrogation Strategist In Commercial Painting Co. v. Weitz Co. LLC, No. W2019-02089-SC-R11-CV, 2023 Tenn. LEXIS 39 (Weitz), the Supreme Court of Tennessee (Supreme Court) considered whether the economic loss doctrine barred the plaintiff’s claims for fraud, negligent misrepresentation and punitive damages arising out of a contract with the defendant for construction services.… Continue reading Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services
5 Things to Consider When Using Surety Bonds for Engineered Timber Contracts
Ian Campbell | Woodruff Sawyer In 2022, the Ascent, a 25-story apartment building in Milwaukee, Wisconsin, became the world’s tallest mass timber structure. The Milwaukee tower, which features luxury apartments, retail space, an elevated pool, and a sky deck, edged out the previous record-holder, Norway’s 18-story Mjösa Tower (Mjøstårnet), completed in 2019. More recently, the Port of Portland is… Continue reading 5 Things to Consider When Using Surety Bonds for Engineered Timber Contracts