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Southeast (Ar): profits and unused material may not be secured by a lien

Alston & Bird LLP
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USA
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December 10 2012

Liens disputes often concern what work may be included in the value of a mechanic’s lien

West (Id): oral agreements result in future “he saidshe said”

Alston & Bird LLP
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USA
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December 10 2012

Contractors expect lien waivers to be submitted over the course of a construction project

When is work product not?

Alston & Bird LLP
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USA
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December 10 2012

Construction disputes present complex issues of causationwhat caused the accident, the delay or the added costs

Southeast (Tx): objecting to an arbitrator’s jurisdiction to decide a claim

Alston & Bird LLP
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USA
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December 10 2012

Mandatory binding arbitration provisions are commonplace in construction contracts

Midwest (Oh): failure to comply with contract requirements for notice of a claim may bar a breach of contract claim.

Alston & Bird LLP
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USA
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December 10 2012

Construction contracts typically contain various notice requirements in order for a contractor to initiate a claim

Mediating construction disputes - understanding different approaches and strategies

Alston & Bird LLP
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USA
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September 12 2012

Mediation is widely used and almost considered standard in the construction industry for attempting to resolve disputes

Federal (7th Cir. Ct. App.): construction manager’s obligations may include duties to subcontractors

Alston & Bird LLP
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USA
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September 12 2012

Parties often question what, if any, standard of care construction managers (CMs) owe on a project

West (TX): owner’s material breach may excuse contractor from obligation to perform

Alston & Bird LLP
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USA
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September 12 2012

When things go wrong on a construction project, parties often engage in a “you-breached-no-you-breached” scenario

Individual members of LLC personally liable for torts committed in furtherance of the LLC’s business

Alston & Bird LLP
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USA
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June 20 2012

In the South Carolina case of 16 Jade Street, LLC v. R. Design Construction Company, the court wrestled with the scope of protection from tort liability provided to individual members of a limited liability company

Timeliness of claims in a multi-phase project

Alston & Bird LLP
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USA
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June 20 2012

State of New Jersey v. Perini Corporation addresses the application of a statute of repose to a multi-phase construction project

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