by Kent Holland | Feb 18, 2013 | Newsletter Article
After a project owner lost its arbitration against a construction contractor it filed a lawsuit against its Architect to recover damages for breach of contract on the same project. The trial court granted summary judgment to the Architect on the basis that the adverse...
by Kent Holland | Feb 9, 2011 | Newsletter Article, time limits
Where a subcontract required subcontractor to commence arbitration proceedings no later than 30 days following receipt of an adverse decision by the contractor, the failure of the subcontractor to contest a decision within 30 days was fatal to later seeking...
by Kent Holland | Feb 9, 2011 | Newsletter Article
By Allan H. Goodman If a dispute arises during construction of your project, do not proceed immediately to court! Your contract may require you to use alternative dispute resolution (ADR) techniques such as negotiation, mediation or arbitration to resolve your...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Where a subcontractor submitted a claim against the general contractor for payment, it submitted the matter to arbitration and the general contractor replied with a counterclaim in that arbitration and also initiated a third-party arbitration claim against a related...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Where a contractor failed to comply with arbitration notice and filing requirements, the architect’s decision became final and binding, and the contractor had no further recourse to arbitrate or litigate its dispute with a homeowner. The AIA form contract that was at...
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