David Erickson and Mark Anstoetter – October 19, 2012 The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has announced the launch of an alternative dispute resolution (ADR) pilot project for complaints filed with the agency’s Whistleblower Protection Program. OSHA will implement the pilot project in its Chicago and San Francisco regional offices, which together… Continue reading OSHA to Initiate ADR Pilot Project under Whistleblower Program
Category: Arbitration
Arbitration Clause Enforcement
Joseph J. Dinardo – October 5, 2012 Construction professionals across the country should be aware that courts will go to great lengths to enforce arbitration provisions whenever possible. This trend is due in part to the fact that the dockets of many courts are now more crowded than ever and judges seek for ways to… Continue reading Arbitration Clause Enforcement
Dispute Resolution Provisions in Construction Contracts
Antony L. Sanacory – October 2, 2012 Claims and disputes are common In the construction industry – projects are unpredictable and problems can occur for any number of reasons (e.g., poor weather and site conditions, material cost increases, design changes and delays, the owner’s decision to cancel the project, or any combination of these and… Continue reading Dispute Resolution Provisions in Construction Contracts
How low can you go? Shortening the Statute of Limitations in Arbitration Agreements
Liz Kramer – October 10, 2012 I see more and more arbitration agreements that contain their own limitations period (the timeline for bringing a dispute in arbitration). Are all of those necessarily enforceable? No. In Order of United Commercial Travelers of America v. Wolfe, 331 U.S. 586 (1947), the Supreme Court held that contracts may shorten… Continue reading How low can you go? Shortening the Statute of Limitations in Arbitration Agreements
California Supreme Court Enforces Arbitration Provision in Construction Defect Case
Timothy J. Toohey – September 14, 2012 In our December 2011 Under Construction newsletter, we reported on the tendency of certain California courts to decline to enforce arbitration provisions in construction defect cases. See Arbitration in California Construction Defect Cases After AT&T Mobility v. Concepcion. As we noted, California courts have continued after the U.S.… Continue reading California Supreme Court Enforces Arbitration Provision in Construction Defect Case