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Results: 1-10 of 76

Conditions precedent to dispute resolution: a help or a hindrance?
  • Duane Morris LLP
  • USA
  • September 9 2013

The AIA A201 General Conditions posit the architect's decision on a claim as a condition precedent to arbitration of that claim. A recent New York


Property owner’s liability under CERCLA for unpaid remediation subcontractor
  • Duane Morris LLP
  • USA
  • March 27 2014

A federal appeals court ruled that a landowner is not liable under CERCLA for amounts due to a subcontractor, when the owner had already paid the


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


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


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


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


“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


Dealing with out-of-state vendors where can you be sued?
  • Duane Morris LLP
  • USA
  • November 25 2013

E-commerce has brought to the forefront an issue identified by courts in the days when traveling salesmen and delivery by the US Postal Service were


Low bidder’s prevailing wage violation gives second-low bidder right to sue
  • Duane Morris LLP
  • USA
  • May 2 2013

There may not be a law like it anywhere else in the country. But in Rhode Island, by statute, the second-low bidder can pursue a claim for damages if


Does the arbitrator decide arbitrability?
  • Duane Morris LLP
  • USA
  • January 17 2013

Citing a decision from the U.S. Supreme Court, the highest Massachusetts court has held that an arbitrator cannot decide the issue of arbitrability