Resources
- January 27, 2013
Arbitration has become a popular alternative to traditional courtroom litigation for construction contract disputes; however, arbitration is a creature of contract. No one can be [...]
- October 28, 2012
No provision in a standard construction contract has been more debated than the requirement for the general contractor to pay its subcontractors after its receipt [...]
- October 1, 2012
On private construction projects, subcontractors and/or suppliers that furnish labor, material, or services but are not paid by the project’s general contractor have a variety [...]
- September 30, 2012
The general rule is that a party does not have to disclose communications with its attorney seeking legal advice. A recent Superior Court decision, Noble [...]
- September 9, 2012
Many construction contracts require the parties to resolve their disputes through alternate dispute resolution procedures such as mediation and arbitration. Arbitration is intended to be [...]
- July 29, 2012
A recent Superior Court decision should cause general contractors and owners to reevaluate their procedures for obtaining lien waivers. Typically, signed lien waivers are submitted [...]
Court Rules That the Government Contractor Defense is Not Applicable to Road Reconstruction Projects
July 7, 2012As articulated by the United States Supreme Court, the government contractor defense provides that “[l]iability for design defects in military equipment cannot be imposed, pursuant [...]
- May 26, 2012
On private construction projects, subcontractors and/or suppliers that furnish labor, material, or services but are not paid by the project’s general contractor have a variety [...]
- March 12, 2012
Successfully protesting the award of a public construction contract is a very difficult. Under the public bidding laws, an unsuccessful bidder cannot obtain a monetary [...]