Subcontractor forfeits right to arbitration by filing demand untimely
Arbitration,Default,Default Termination,Subcontractor issues,Time Limitations on Litigation
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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 arbitration. Holt, a drywall subcontractor, entered into a contract with Choate, the general contractor, to [...]
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Using Negotiation, Mediation and Arbitration to Resolve Construction Disputes
Arbitration,Mediation
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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 disputes. You should therefore be familiar with these techniques. Negotiation is the most informal method [...]
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Arbitration Consolidation was Inappropriate
Arbitration,Joinder
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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 subcontractor. When the arbitrator ordered consolidation and permitted an indemnity claim between subcontractors the impleaded subcontractor [...]
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Architect’s Decision Final where Contractor Failed to Satisfy Arbitration Filing Requirements
Arbitration,Contract Procedural Requirements,Finality of Architects Decision,Notice Requirements
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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 issue in the case of Martel v. Bulotti, 65 P.3d 192 (2003), provided [...]
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Contractor Not Bound By Architect’s Decision on Claim
Arbitration,Change Orders,Disputes Provisions,Finality of Architects Decision
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Contracts between owners and contractors often state that the contractor must submit any claim to the architect for final determination. Most contracts state that this must be done as a condition precedent to further review by a dispute resolution board or a court. But some contracts purport to eliminate any right of the contractor to [...]
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$26.9 Million in Liquidated Damages Not a Windfall to Power Plant Owner
ConstructionRisk.com Report Vol. #12, Issue #3
See article in the following topic indices:
Arbitration,Damages,Delay,Liquidated damages,Settlement Agreement,Substantial Completion
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On October 30, 2009, the DC Superior Court confirmed an August 17, 2009 arbitration award issued by a three-member arbitration panel in New Athens Generating Co. et al. v. Bechtel Power Corp. et al. The Panel awarded $26,950,000 in liquidated damages against the construction giant Bechtel Power Corporation, EPC contractor of a $533 million power [...]
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