How not to write an arbitration agreement
Make the arbitration clause one-sided and give yourself, but not the other party, a way to opt out and the clause is unenforceable according to a recent ruling by the Wisconsin Supreme Court….
May Hathaway Duke Archives
The Federal Prompt Pay Act sets time limits for payment of government construction contractors
The provisions of the Act are summarized and linked to over at Construction Lawyer-Utah….
The effect of giving an insurer late notice on a otherwise covered construction claim
Marc Mayerson over at the Insurance Scrawl does his usual masterful job discussing recent case law on when late notice results in forfeiture of insurance coverage….
Expert’s testimony on lost profits deemed unreliable.
What expert witness testimony is required to recover lost profits in construction litigation under the Daubert standard?…
The use of Engineering, Procurement, Construction Contracts for offshore wind farms
An Engineering, Procurement and Construction contract (EPC) requires the contractor to bear the construction risks and to deliver a “turn-key” project….
Designing a fire suppression system for a new building
The New Jersey Law Blog provides important “how to” advice about designing a non-defective fire suppression system for a new building….
Construction Litigation–the Paper Chase no more
I’ve joined the debate over the wisdom of the paperless office over at The Illinois Trial Practice Weblog….
When is owner non-compliance with payment terms a material breach of contract?
A material breach by the owner ordinarily relieves the contractor of his duty to perform. Non-payment by the government as a material breach of contract is the subject of a Government Contracts Litigation post….