Originally posted 2016-09-22 10:32:50. The American Arbitration Association has made some needed updates to their Construction Industry Arbitration and Mediation Rules, effective July 1, 2015. Among the changes listed at their website are: A mediation step for all cases with claims of $100,000 or more (subject to the ability of any party to opt out). […]
Another Reason to Love Construction Mediation (Read: Why Mediation Works)
Originally posted 2015-11-18 14:56:46. I’ll bet you’re thinking by now that I have beaten the mediation drum to death and that I wouldn’t have any more praise for the process than I have heaped upon it here at this corner of the construction law “blawgosphere.” Well, just about every time I am involved with the […]
Announcement: New Email Subscription Service
Recently Google has changed its Feedburner services and eliminated email subscriptions as one of the Feedburner offerings. Because of this change, I have moved the email subscriptions (though not the RSS) database over to MailChimp. Those of you that already have subscribed via email in the old system should continue to get updates with each […]
English v. RKK- There is Even More to the Story
Just when you thought that the litigation between W. C. English and RKK had no more to give (after all, there have been posts with wisdom from this case here, here, and here), it keeps on giving. A relatively recent opinion from this litigation involved, among other pre-trial motions, motions by English to exclude expert […]
Even Where Fraud and Contract Mix, Be Careful With Timing
I have often discussed the limited circumstances under which a construction contract claim and a fraud claim can coexist. A recent case from the Western District of Virginia federal court demonstrates that care is necessary even in those limited circumstances. In Fluor Fed. Sols., LLC v. Bae Sys. Ordinance Sys., the Court examined the question […]