Stuart Kaplow is still, in my humble opinion, one of the true thought leaders on the topic of green building legal issues. A recent post of his at Green Building Law Update sets out to answer the question of why there is so little litigation in green building. Continue reading “Why haven’t there been more green building lawsuits? (Hint: Mandatory Arbitration)”
In American Family Mut. Ins. Co. v. Spectre West Builders Corp., No. CV09-968-PHX-JAT (D. Ariz. Feb. 4, 2011), arbitration proceedings were instituted against insured general contractor Spectre by the homeowners association for a condominium project co… Continue reading Construction Defect Case In Arizona Examines Policy Coverage of Arbitrator’s Award for Attorney Fees and Costs
In construction defect cases there is often a dispute within Continue reading Resolving Construction Defect Cases: Are Arbitration Provisions in CC&R’s Enforceable?
I recently read a BNA article on commercial arbitration entitled Achieving the Perceived Cost Savings and Expedience of Commercial Arbitration (pdf). Continue reading Essential Terms to Include in a Construction Arbitration Clause
In the past week or so mandatory arbitration has been all the rage. From those that argue that arbitration is becoming more burdensome than litigation, to my friend and fellow construction attorney Scott Wolfe who gives great advice on how to make arbi… Continue reading Mandatory Arbitration Isn’t All Bad, if. . .
Image via Wikipedia In Broom v. Morgan Stanley DW, Inc., the Washington State Supreme Court held that state statute of limitations did not apply to a contractual arbitration. Continue reading Washington Court Holds Statute of Limitations Doesn’t Apply to Arbitration
Yesterday, in a 5-4 decision, the Washington Supreme Court ruled that Washington state statutes of limitations do not apply to claims brought in arbitration, absent specific contractual language to the contrary. In particular, the Court found those sta… Continue reading Washington Supreme Court Holds that State Statutes of Limitations Do Not Apply in Arbitration | Davis Wright Tremaine