Stan Martin | Commonsense Construction Law LLC | October 26, 2015 A contractor who successfully pursued payment in arbitration objected when the public authority owner subsequently filed a lawsuit claiming defective work. The contractor argued that the lawsuit was barred by doctrines of res judicata or collateral estoppel, but the Appellate Court of Connecticut has… Continue reading Owner’s Claim for Defective Work not Barred by Prior Arbitration
Tag: arbitration
Arbitration Rulings are Final, Even When the Arbitrators Get It “Wrong on the Law”
David K. Nelson | Kean Miller | August 13, 2015 Parties involved in the construction industry have long been familiar with mandatory arbitration as a dispute resolution procedure. Originally arbitration was said to be more efficient and less expensive than litigation. Over time, experience has shown that arbitration is not necessarily more efficient or more… Continue reading Arbitration Rulings are Final, Even When the Arbitrators Get It “Wrong on the Law”
New Rules make Construction Arbitration more Attractive
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
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