Advise & Consult, Inc. | October 14, 2015 The American Arbitration Association (AAA) implemented new Construction Industry Arbitration Rules this past summer. The changes eliminate certain gaps or ambiguities in the old rules, create some additional tools with which arbitrators can manage claims, and on balance, should make arbitration a more attractive forum for the… Continue reading New Rules make Construction Arbitration more Attractive
Tag: arbitration
Colorado Court Rules Developers in Common Interest Communities can Require Arbitration of Defect Claims even after they Sell Last Interest
Daniel E. Evans | Gordon & Rees LLP | May 28, 2015 Condo developers in Colorado scored a victory this month in a decision from the Colorado Court of Appeals. In Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al, the court held that a clause contained in a homeowner association’s… Continue reading Colorado Court Rules Developers in Common Interest Communities can Require Arbitration of Defect Claims even after they Sell Last Interest
Award of Attorneys’ Fees in Construction Dispute Founded Solely on AAA Rules
Kenneth A. Slavens | Husch Blackwell LLP | May 5, 2015 On Tuesday, April 21, 2015, the Missouri Court of Appeals issued its decision in City of Chesterfield v. Frederich Construction Inc., et al. The Court of Appeals confirmed an arbitration award that included the payment of attorneys’ fees despite the lack of contractual provision… Continue reading Award of Attorneys’ Fees in Construction Dispute Founded Solely on AAA Rules
Arbitrator Should Decide Whether Dispute Falls Within The Scope Of The Arbitration Clause
Addressing who should decide whether a dispute falls within the scope of an arbitration clause, the U.S. Court of Appeals for the 11th Circuit reversed a district court’s denial of a motion to compel arbitration and remanded the case for an order compelling arbitration. U.S. Nutraceuticals, LLC v. Cyanotech Corp., No. 13-12863, 2014 WL 5471913… Continue reading Arbitrator Should Decide Whether Dispute Falls Within The Scope Of The Arbitration Clause
Is the Med-Arb Format Right For You?
Nicholas P. Brown | The Dispute Resolver | December 11, 2014 As the cost of litigation has grown and the appetite for its attendant risks declined, owners and contractors have increasingly relied upon mediation and binding arbitration to resolve disputes. One particularly unique dispute resolution format is the combination mediation/arbitration (or “med-arb”) where the same… Continue reading Is the Med-Arb Format Right For You?