Christopher G. Hill | Construction Law Musings Here at Construction Law Musings, I have discussed the interwoven issues of fraud, contract, and the Virginia Consumer Protection Act (VCPA) on several occasions. In most cases, the three simply don’t mix, acting more like oil and water than parallel causes of action. There are exceptions however so these three are always worth exploring in most… Continue reading A Good Read on Fraud Versus Contract
Who Decides Who Can Arbitrate? The Court. . .Sometimes
Christopher G. Hill | Construction Law Musings I have often discussed alternate dispute resolution (ADR) here at Construction Law Musings. In most of those posts, I’ve either discussed the advantages and/or disadvantages of arbitration or mediation. In any of the other ADR-related posts, the assumption was that the question about the arbitrability of the claim (namely that the claim was either… Continue reading Who Decides Who Can Arbitrate? The Court. . .Sometimes
Mind Those Deadlines! Party Loses Appeal of Arbitration Decision by Failing to Timely File a Petition to Vacate
Garret Murai | California Construction Law Blog Arbitration provisions are increasingly common in construction contracts. Indeed, the boilerplate AIA contract documents include a standard arbitration provision providing for arbitration before the American Arbitration Association (“AAA”) (Note: AAA isn’t the only arbitration provider, and I’ve often wondered why the AIA includes the AAA only. Some sort of… Continue reading Mind Those Deadlines! Party Loses Appeal of Arbitration Decision by Failing to Timely File a Petition to Vacate
Collapse Claim Denied After Insured’s Failure to Meet Suit Limitation Deadline
Tred R. Eyerly | Insurance Law Hawaii The insured’s claim for collapse of a building was denied after failing to file suit within the two-year limitation set forth in the policy. 94 Broad Street, LLC v. The Hartford Financial Services Group, Inc., 2025 Conn. Super. LEXIS 112 (Conn. Super. Ct. Jan. 24, 2025). … Continue reading Collapse Claim Denied After Insured’s Failure to Meet Suit Limitation Deadline
Using Injunctive Relief To Stave Off The Mootness Doctrine
Anthony S. Guardino | Farrell Fritz Typically, a court will invoke the mootness doctrine when circumstances change in a way that prevents the court from rendering a decision that effectively resolves an actual controversy. In the world of zoning and land use litigation, courts will put significant weight on how far construction has progressed towards completion… Continue reading Using Injunctive Relief To Stave Off The Mootness Doctrine