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Results: 1-10 of 76

No equitable adjustment for contractor with penny bid
  • Duane Morris LLP
  • USA
  • March 3 2015

Believing actual quantities of rock removal would be far less than the engineer's estimate, the contractor bid a penny per cubic yard of rock removal


Court cannot invalidate arbitration venue clause
  • Duane Morris LLP
  • USA
  • October 16 2014

A federal court in Kentucky has confirmed that it is without authority to tinker with the venue clause in an arbitration agreement. The plaintiff


Overbroad indemnity is still enforceable within statutory limits
  • Duane Morris LLP
  • USA
  • June 23 2015

Oregon has a law, similar to many other states, prohibiting overbroad indemnities in construction contracts. The Oregon Supreme Court has ruled that


Mind the (procedural) gap third-party claims lost
  • Duane Morris LLP
  • USA
  • June 4 2015

Owner sued contractor, who filed third-party claims against subs seeking only indemnity from them if the contractor was found liable to the owner


Parsing the GL exclusion of coverage for “your work”
  • Duane Morris LLP
  • USA
  • January 14 2015

Another state has joined the group of states that parse a common GL exclusion to allow coverage to remedy non-defective work damaged by defective


Arbitration award stands despite apparent error of law
  • Duane Morris LLP
  • USA
  • March 12 2015

A federal appellate court has reminded the business community that a mistake of law by an arbitration panel will not ordinarily be grounds to


Court interprets “substantial completion” to extend repose period
  • Duane Morris LLP
  • USA
  • November 5 2014

The HVAC sub finished a new condo unit system in August 2001. The condo was substantially complete in early 2002. But since the developer did not pay


This claim is too strong to have to arbitrate!
  • Duane Morris LLP
  • USA
  • November 19 2014

Just when you think you've heard it all. An architect sues for breach of contract and copyright infringement, and the owner files a motion to stay


Waiving arbitration by pursuing litigation
  • Duane Morris LLP
  • USA
  • December 15 2014

Cases concerning waiver of arbitration rights typically get into the nitty-gritty of what the parties did prior to one of them seeking to change


Res judicata, claim splitting, and arbitration
  • Duane Morris LLP
  • USA
  • December 4 2014

An arbitration claimant who sought to preserve the right to pursue related claims against the same opponent has found its efforts barred by the Rhode