Tred R. Eyerly | Insurance Law Hawaii The court determined there was no coverage for an adverse arbitration decision suffered by the insured in a construction defect case. Am. Fire and Cas. Co. v. Unforgettable Coatings, Inc., 2023 U.S. Dist. LEXIS 64846 (D. Nev. April 13, 2023). Unforgettable contracted with Muirfield Village… Continue reading Insurer Has No Obligation to Cover Arbitration Award in Construction Defect Case
Category: Arbitration
What Parties Ought To Consider When Considering Arbitration Provisions
Zachary Davis | Ahead of Schedule When reviewing a proposed design or construction contract, the responding party will often do a cursory check to see whether the contract proposes arbitration or litigation for dispute resolution. So long as the proposed method generally aligns with that party’s preferences, it will not look further at the specifics… Continue reading What Parties Ought To Consider When Considering Arbitration Provisions
Emergency Arbitration Proceedings and How They Relate to Construction Disputes
Alexander Thrasher | Bradley Arant Boult Cummings A recent win by a team of Bradley construction attorneys highlighted the role emergency arbitration proceedings can play in a dispute subject to an arbitration agreement. The ongoing case involves the design and construction of a large international energy project, which is currently in arbitration before the International… Continue reading Emergency Arbitration Proceedings and How They Relate to Construction Disputes
Improper Application of Arbitration Clause Leads to Remand in Properplates Case
Amandeep Kahlon | Bradley Arant Boult Cummings Indiana, like other states, has a strong policy favoring arbitration agreements, and Indiana courts construe arbitration clauses broadly to make matters abitrable so long as they reasonably fit within the language of the clause. In Haddad v. Properplates, Inc., the Indiana Court of Appeals identified a rare instance where… Continue reading Improper Application of Arbitration Clause Leads to Remand in Properplates Case
Construction Arbitration
Albert Bates, Jr. and R. Zachary Torres-Fowler | Troutman Pepper Arbitration is the most widely used method of dispute resolution in the construction industry. Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. Arbitration is an important form of alternative dispute resolution used in… Continue reading Construction Arbitration