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Results: 1-8 of 8

AIA contract dispute resolution choices what does “other” mean?

  • Duane Morris LLP
  • -
  • USA
  • -
  • December 8 2014

The AIA contract forms include three options for dispute resolution: arbitration, litigation, and "other." A Connecticut Superior Court judge has

Q: when is a monthly release not a release?

  • Duane Morris LLP
  • -
  • USA
  • -
  • June 13 2014

When the issue is decided in arbitration. An arbitrator’s decision that a periodic subcontractor release had not waived claims made in arbitration

The construction trial will be held far, far away!

  • Duane Morris LLP
  • -
  • USA
  • -
  • January 31 2013

Suppose you're a New Jersey subcontractor on a New Jersey project, where the project owner is based in New York and the prime contractor in Wisconsin

Dispute resolution provisions in construction contracts

  • Duane Morris LLP
  • -
  • USA
  • -
  • October 2 2012

In the construction industry projects are unpredictable and problems can occur for any number of reasons (e.g., poor weather and site conditions, material cost increases, design changes and delays, the owner’s decision to cancel the project, or any combination of these and other factors

Key Calif. Supreme Court decision for developers in resolving construction defect disputes

  • Duane Morris LLP
  • -
  • USA
  • -
  • August 17 2012

On August 16, 2012, the California Supreme Court in Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC held that arbitration provisions in Covenants, Conditions and Restrictions (CC&Rs) are enforceable against an owners association

Administrative fees should be considered when selecting a dispute resolution provision

  • Duane Morris LLP
  • -
  • USA
  • -
  • March 2 2012

Both lawyers and clients agonize over the tactical advantages and disadvantages of arbitration and litigation

Contractor beware: that "flow-down clause" may not flow as far as you think

  • Duane Morris LLP
  • -
  • USA
  • -
  • October 22 2010

In Wonder Works Construction Corp. v. R.C. Dolner, Inc., a prime contractor ("Dolner") which attempted to force its subcontractor ("Wonder Works") to arbitrate claims between them on the basis of a broad incorporation by reference of the prime contract's termswhich included an arbitration provisionwas prevented from doing so where the subcontract contained no arbitration provision and no express incorporation of the owner-contractor arbitration clause, and where the prime contract itself was inconsistent as to subcontractor arbitrations

A roundup of a dozen improvements in the new AAA rules for construction arbitration and mediation

  • Duane Morris LLP
  • -
  • USA
  • -
  • March 25 2010

The American Arbitration Association (AAA) has amended its standard Construction Industry Arbitration Rules and Mediation Procedures