We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 73

Waiver of subrogation two reminders
  • Duane Morris LLP
  • USA
  • February 5 2014

Diesel fuel is spilled during renovation of a library, damaging both the work in progress and the surrounding building or land. Damages may exceed


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


Economic loss rule, 1850-2013, R.I.P.
  • Duane Morris LLP
  • USA
  • March 12 2013

The folks who eroded the privity rule in A.R. Moyer v. Graham have now abolished the economic loss rule in Tiara Condominium Ass'n v. Marsh &


Economic loss doctrine enforced in Harmon Tower case
  • Duane Morris LLP
  • USA
  • July 2 2013

The structural engineer on the Harmon Tower will not be liable to the steel subcontractor, per the Nevada Supreme Court. In a lawsuit that is likely


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


Contract Disputes Act deadline for Contracting Officer decision can’t keep extending
  • Duane Morris LLP
  • USA
  • February 27 2015

The government when faced with a complex contractor claim may extend the deadline for the Contracting Officer's response to a date beyond the


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


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


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


Failure to comply with Prompt Pay Act trumps claimed failure to perform
  • Duane Morris LLP
  • USA
  • November 3 2014

When a New Jersey public authority failed to comply with the NJ Prompt Pay Act, it was obligated to pay the contractor even though it argued the