Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim

Garret Murai | California Construction Law Blog If you’re a regularly reader of the California Construction Law Blog you’re aware of Business and Professions Code section 7031 which courts have variously described as “harsh[ ],” “draconian” and “unjust,” but, importantly, nevertheless valid. We haven’t seen many cases applying Section 7031 in an arbitration setting, however,… Continue reading Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim

Insurer Has No Obligation to Cover Arbitration Award in Construction Defect Case

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

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

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

Construction Litigation Roundup: “That’s Not How I Read It”

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”

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