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Article

Alston & Bird LLP | USA | 13 Feb 2009

Removal of hazardous waste drums does not constitute an “improvement” for purposes of the Illinois Mechanics Lien Law Act

In its decision in Inter-Rail Systems, Inc. v. Ravi Corp., the Illinois Appellate Court has announced limitations to the state’s mechanics lien law.

Article

Alston & Bird LLP | USA | 24 Oct 2008

If a settlement agreement remains an executory accord, a claim enforcing the agreement is equitable, and the defendant has no right to a jury trial under the Oregon Constitution

In McDowell Welding & Pipefitting, Inc. v. U.S. Gypsum Co., a subcontractor brought a breach of contract action against an owner and general contractor.

Article

Alston & Bird LLP | USA | 24 Oct 2008

Mandatory arbitration agreements do not apply to fraud-related claims and unconscionable arbitration provisions are unenforceable

In Thompson v. Toll Dublin, LLC, condominium purchasers sued the project developers for fraud based on concealment of wet, moldy and unhealthy conditions.

Article

Alston & Bird LLP | USA | 15 Oct 2008

Court of Federal Claims approves use of indefinite deliveryindefinite quantity contracts for the procurement of construction projects by the government

In a novel decision, Tyler Const. Group v. U.S., No. 08-94C , __ WL___(Fed. Cl. Aug. 14, 2008), the U.S. Court of Federal Claims has allowed the use of indefinite deliveryindefinite quantity (IDIQ) contract for the procurement of construction services by the government.

Article

Alston & Bird LLP | USA | 29 Sep 2008

Non-controlling investments in banking organizations: Federal Reserve eases restrictions

Prospective investors considering minority stakes of more than five percent in banks or bank holding companies received a modest boost on September 22 when the Federal Reserve Board relaxed certain restrictions on non-controlling investments.

Article

Alston & Bird LLP | USA | 1 Aug 2008

Absent clear and unmistakable evidence that the parties had an agreement to arbitrate, a trial court must independently determine whether the parties agreed to arbitrate prior to affirming an arbitration award

In Panhandle Fire Protection v. Batson-Cook Co., a general contractor sought to arbitrate a dispute with its subcontractor; however, there was a legitimate dispute as to whether the parties’ final agreement had encompassed an arbitration agreement.

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