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Results: 1-10 of 76

Closing out an arbitration award (how not to)
  • Duane Morris LLP
  • USA
  • July 1 2015

Two contractors concluded arbitration proceedings and the panel issued its award in February 2011. Upon request of one party, the panel amended its


Agreement for specific performance precludes actual damages claim
  • Duane Morris LLP
  • USA
  • May 28 2015

In settling an environmental contamination claim, the property owner agreed to accept a cash payment and the environmental company agreed to perform


Apply common sense to indemnity claim
  • Duane Morris LLP
  • USA
  • July 28 2015

A mechanical sub’s employee is severely injured during a coffee break when an improperly-fastened section of limestone façade comes loose


Arbitration venue: where the parties agreed, despite state law
  • Duane Morris LLP
  • USA
  • May 12 2015

The contract calls for arbitration in Indiana, applying the laws of Nebraska. But Nebraska has a law prohibiting parties from being compelled to


A key lesson for owners and prime contractors about payments
  • Duane Morris LLP
  • USA
  • March 14 2013

Consider the following scenario: A prime contractor with a financially-shaky subcontractor agrees with the subcontractor's secured lender to make


Jarndyce v. Jarndyce construction version
  • Duane Morris LLP
  • USA
  • May 28 2013

The fictional case forming the center of Charles Dickens' novel Bleak House lasted for generations, and now Rhode Island has its own version. On


“Everything but the kitchen sink” theory of litigation: usually a sign of weakness
  • Duane Morris LLP
  • USA
  • June 5 2014

Lawsuits that proceed under, say, eight or more causes of action typically either (a) recite egregious acts by a group of defendants, or (b) mask a


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


Three strikes on defective work insurance claim
  • Duane Morris LLP
  • USA
  • July 22 2014

A federal appeals court recently retired, in short order, a contractor's insurance claim arising from defective work. The claim arose when scratches


Personal privacy vs public records laws (prevailing wage version)
  • Duane Morris LLP
  • USA
  • January 17 2014

Contractors on prevailing wage projects must submit certified payroll reports to the public authority. To what extent is that information subject to