The Cromeens Law Firm Recently, I have had several cases where my clients were being assessed large back charges on commercial projects. Only to find out, after a little digging, the evidence relating to the back charge claims was bogus. What is a Back Charge in Construction? A back charge involves withholding or deducting money from… Continue reading Beware Of Bogus Construction Back Charges
Month: March 2024
The Saiber Construction Law Column: February 2024
Robert Nussbaum | Saiber In the April 2023 OnSite issue, the Saiber Construction Law Column discussed a 2022 case in which the Supreme Court of Maryland held that a party who hires an independent contractor is generally not liable to an employee of that contractor for injuries caused by the contractor’s negligence in performing the work for… Continue reading The Saiber Construction Law Column: February 2024
Colorado’s Construction Industry Faces Risk from Controversial Consumer Protection Bill
Gabriel Pinilla and Christopher Yost | Adams and Reese A controversial bill is making its way through the Colorado state legislature that threatens to unleash a flood of litigation that could have far-reaching consequences for the construction industry. House Bill 24-1014 aims to remove the longstanding requirement for plaintiffs to prove that a deceptive trade practice… Continue reading Colorado’s Construction Industry Faces Risk from Controversial Consumer Protection Bill
AAA Amends its Construction Industry Arbitration Rules
Joseph Kovars and F. Dalton Thompson III | Baker Donelson For the first time in almost a decade, the American Arbitration Association has amended its Construction Industry Arbitration Rules for a more streamlined and efficient process as a result of feedback from construction advocates, arbitrators, and other construction industry professionals. The new rules include substantive… Continue reading AAA Amends its Construction Industry Arbitration Rules
Written Arbitration Agreements Can be Enforced Even if Not Signed
Mark Rodio | Frantz Ward It is a well-known general rule that a court cannot compel parties to arbitrate disputes that they have not agreed in writing to arbitrate.[1] “Indeed, when a party resisting arbitration is not a signatory to an arbitration agreement, a presumption against arbitration arises.” Peters v. Columbus Steel Castings Co., Tenth Dist. No.… Continue reading Written Arbitration Agreements Can be Enforced Even if Not Signed