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Apply common sense to indemnity claim

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...

Right to challenge arbitration award cannot be waived by contract

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...

Closing out an arbitration award (how not to)

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...

Overbroad indemnity is still enforceable within statutory limits

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...

State Supreme Court orders official to set prevailing wage rates

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...