Tag: litigation

Vendors who Performed Own Home Repairs were not Builder/Sellers to whom Exception to the Rule of Caveat Emptor Applies

Alston & Bird LLP – December 10, 2012 In Georgia, the long-standing rule in real estate purchases is caveat emptor (“let the buyer beware”). There is one exception: a negligence action against a builder/seller. A builder/seller may be held liable in negligence where a dwelling is sold containing latent defects that the builder in the… Continue reading Vendors who Performed Own Home Repairs were not Builder/Sellers to whom Exception to the Rule of Caveat Emptor Applies

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?

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

Delaware Amends Building Construction and Payment Statute

Seth A. Niederman – July 20, 2012 Delaware recently passed House Bill No. 109, which amends Delaware’s laws regarding Building Construction Payments.  Two notable revisions which may be of interest to our readers: The amendments clarify when fees and costs may be awarded and the standard for awarding fees (see previous post on recovery of attorney’s fees here).  Specifically, the… Continue reading Delaware Amends Building Construction and Payment Statute

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