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 76

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


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


Non-signatory compels arbitration by signatory party
  • Duane Morris LLP
  • USA
  • April 13 2015

Occasionally there are cases where one party to an arbitration agreement attempts to compel arbitration with a non-signatory party. The Massachusetts


Right to challenge arbitration award cannot be waived by contract
  • Duane Morris LLP
  • USA
  • July 20 2015

A subcontract arbitration clause states that the parties may take steps to confirm an arbitration award, but agree not to challenge any award. A


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


Subcontractor charged for having its own lien bonded off
  • Duane Morris LLP
  • USA
  • March 24 2015

Based on subcontract language, a Minnesota appeals court has held that the prime contractor could charge its lien bond premium against the sub who


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


Insurance coverage for damaged NYC tower crane
  • Duane Morris LLP
  • USA
  • January 26 2015

Readers will recall photos of a tower crane damaged by Hurricane Sandy. Construction of the NYC high-rise building known as One57 was underway when


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


State Supreme Court orders official to set prevailing wage rates
  • Duane Morris LLP
  • USA
  • June 17 2015

The New Mexico Supreme Court has ordered a public official to establish prevailing wage rates in accordance with current collective bargaining