Jared E. Berg and John W. Mill – January 28, 2013 Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is a way to do this. It is common practice for real estate attorneys, when drafting declarations for common interest communities, to include arbitration clauses in… Continue reading How to Guarantee the HOA can’t Litigate Condo Construction Defect Claims
Tag: arbitration
Which costs less: Arbitration or Litigation?
Alan Dabdoub and Trey Cox – December 6, 2012 A case study shows that when it comes to expenditures and resolution time, litigation is cheaper and faster In our first column, we talked about three situations in which arbitration can help eliminate some corporate litigation pitfalls. Here, we share a comparative study of 19 single-plaintiff cases—nine… Continue reading Which costs less: Arbitration or Litigation?
Understanding Arbitration Clauses In Contracts – Litigation, Mediation & Arbitration – United States
Sally Rogers Culley – November 14, 2012 Contractual agreements often include clauses that require arbitration should a dispute arise. Sally Culley, a partner with Rumberger, Kirk & Caldwell has encountered instances where arbitration clauses did not fully consider the scope of potential disputes, often resulting in unforeseen outcomes. Here, from a litigator’s perspective, Sally answers… Continue reading Understanding Arbitration Clauses In Contracts – Litigation, Mediation & Arbitration – United States
Resolving International Construction Disputes – Litigation Or Arbitration?
Gordon F. Bell – October 31, 2012 Introduction As we have discussed in previous alerts in this series, many claims can arise under international construction contracts. Of course, not all those claims end up in a formal dispute. In the last alert we described various methods for resolving disputes without the need for formal proceedings;… Continue reading Resolving International Construction Disputes – Litigation Or 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