Ron Chapman, Jr., Jack Sholkoff and Zachary V. Zagger | Ogletree, Deakins, Nash, Smoak & Stewart A California appellate court recently denied enforcement of an arbitration agreement because (1) it contained provisions the court found problematic, and (2) the employer presented the agreement to the employee for electronic acknowledgment in a manner the court deemed… Continue reading California Court Of Appeal Rules Arbitration Agreement Is Unenforceable
Month: February 2024
Artificial Intelligence and Its Potential Impacts on the Construction Industry
David J. Hyun and Scott J. Sachs | Atkinson Andelson Loya Ruud & Romo Artificial Intelligence (AI) is a broad field in computer science that involves creating smart machines that can perform tasks that otherwise typically require human intelligence. AI can be used to perform tasks including learning from experience, recognizing patterns, and understanding natural… Continue reading Artificial Intelligence and Its Potential Impacts on the Construction Industry
The Risk of Fighting on Two Fronts: Court Admits Evidence of General Contractor’s Claims Against Other Parties
John Mark Goodman and E. Mabry Rogers | BuildSmart The court in AECOM v. Flatiron is back at it issuing additional evidentiary rulings as the parties head to trial later this month. These latest rulings highlight the risk of seeking the same damages from multiple parties, sometimes referred to as “fighting on two fronts.” As you may… Continue reading The Risk of Fighting on Two Fronts: Court Admits Evidence of General Contractor’s Claims Against Other Parties
Catching Killer Clauses in Contract Negotiations
James T. Dixon | Construction Executive Risk-management personnel who are in the business of reviewing and negotiating construction contracts have some simple tools at their disposal to make sure their edits are addressing all of the killer risk-shifting clauses in those contracts. One of those is the index to that document. But not all authors… Continue reading Catching Killer Clauses in Contract Negotiations
Contract Void Ab Initio: Key Insights into the KBR vs. Corps of Engineers Affirmative Defense
Matthew DeVries | Best Practices Construction Law In a recent Board decision dated December 13, 2023, the United States Army Corps of Engineers sought to amend its answer in the case of APPEALS OF – KELLOGG BROWN & ROOT SERVICES, INC., under Contract No. W912GB-13-C-0011. The proposed amendment introduces an affirmative defense, contending that Kellogg… Continue reading Contract Void Ab Initio: Key Insights into the KBR vs. Corps of Engineers Affirmative Defense