by Kent Holland | Sep 6, 2016 | Newsletter Article
By: Terrence M. McShane, Esquire Lee & McShane, PC Among the critical clauses in design professional contracts are the Dispute Resolution Clauses. For over twenty years, we have advised our clients to opt for Litigation rather than Arbitration as a means of...
by Kent Holland | Jun 7, 2013 | Newsletter Article
An arbitration decision in a case between an Owner/developer and its construction contractor did not create collateral estoppel that would bar the developer from seeking to recover damages from its architectural firm in a separate, later action in court. Arbitration...
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...
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