Daniel Lund III | Phelps Dunbar That’s not how I read it. A general contractor seeking to litigate with its subcontractor concerning a construction project in Indiana found itself fighting in court against assertions by the sub that arbitration of the dispute was required. The GC was already in litigation in federal court with the… Continue reading Construction Litigation Roundup: “That’s Not How I Read It”
Category: Arbitration
How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict
Abigail B. Harris and Jim Archibald | BuildSmart How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration award that didn’t resolve all claims against all parties in the trial court was not… Continue reading How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict
Arbitration Clauses Can Determine Future Success – Or Failure
Jihee Ahn | Harris Bricken I had the pleasure of attending this year’s California International Arbitration Week, which is a great conference that presents and discusses recent trends and lessons learned in the context of international arbitration. While much of the content was geared towards attorneys and how we can better facilitate resolution via arbitration,… Continue reading Arbitration Clauses Can Determine Future Success – Or Failure
Arbitration or Court for Construction Disputes: The Pros and Cons
Kyle Doiron and David Taylor | Bradley Arant Boult Cummings Many construction contracts used in the industry include clauses mandating that any disputes be decided by binding arbitration rather than a jury or bench trial. The standard AIA forms provide the parties with the option of court or arbitration. Trial courts, overwhelmed by a flood… Continue reading Arbitration or Court for Construction Disputes: The Pros and Cons
Reaping the Awards – Avoiding the Pitfalls of Enforcing Arbitral Awards
Charlyn Cruz | Duane Morris As with litigation, a successful arbitral award is a hollow victory if the responding party refuses to honour it, and enforcement proceedings are necessary. Given the international nature of arbitration, a number of things could go wrong at this stage and put a downer on a successful award. There are… Continue reading Reaping the Awards – Avoiding the Pitfalls of Enforcing Arbitral Awards