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Thursday, March 27, 2014

Implied Waiver of Arbitration Clause Through Active Litigation -- Tuscan Builders Case Summary

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Courts applying the Federal Arbitration Act and the state arbitration acts routinely impose a strong presumption  against finding waiver of ...
Wednesday, March 26, 2014

Division 1 Cocktail Party at House of Blues (4/10 after Welcome Reception)

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  Join Division 1 for a cash bar cocktail reception at the House of Blues after the welcome reception on April 10.    Where: Hous...
Tuesday, March 25, 2014

Division 1 Supports ACE Mentor Program

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SO YOU THINK YOU CAN NEGOTIATE A CONSTRUCTION CONTRACT DISPUTE? Division 1 is teaming up with the Young Lawyers Division and Divisions 2, ...
Thursday, March 20, 2014

Utilizing a Pre-Construction Contract Review to Minimize the Potential for Construction Billing Disputes

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In Division 1, many of us tend to focus on how to resolve disputes after  they have come to light.  This article, written by Curt Plyler, CF...
Wednesday, March 12, 2014

Texas Jury Sentences General Contractor to Three Years in Prison for Fraudulent Nonpayment of Subcontractors

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The Dallas Morning News reports that a jury in Fort Worth, Texas recently gave the principal of a general contractor a three-year prison se...
Monday, March 10, 2014

Score One For the Contractors - Federal Circuit Rejects “Specific Targeting” Requirement In Good Faith and Fair Dealing Claims Against the Government

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In Metcalf Construction Co., Inc. v. United States , 2014 WL 51956 (Fed. Cir. 2014), the U.S. Court of Appeals for the Federal Circuit cons...
Saturday, March 1, 2014

Iowa Supreme Court - Waiver of Sovereign Immunity on Public Projects Involving "Targeted Small Businesses"

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The Iowa Supreme Court recently issued a decision which requires the Iowa Department of Transportation (DOT) to pay three subcontractors aft...

Check out this post from Skanska on project team collaboration and communication

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Skanska blog - http://blog.usa.skanska.com/why-collaboration-and-communication-are-essential-to-project-success/ . George McLaughlin wrot...
Wednesday, February 26, 2014

VALUABLE RESEARCH TOOL -- Forum's Construction Industry Knowledgebase

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We all know the quality the Forum's written materials for its programs are excellent.  Through the oversight of the GC, the Program Co-C...
Tuesday, February 25, 2014

Effective Risk Management Planning - Step 1 - Identify Your Team

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Our Division's name is the Dispute Avoidance and Resolution Division of the Forum on the Construction Industry.  A lot of our posts rela...
Friday, February 21, 2014

Texas Court Clarifies What Is Required to Order a Party to Turn Over Hard Drives During Discovery

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As with most complex commercial litigation, lawsuits over construction often involve investigations into electronically stored information ...

West Virginia Recognizes that Property Damage Caused by Defective Construction Is an “Occurrence” Under a CGL Policy

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In July 2013, the Supreme Court of Appeals of West Virginia joined with a majority of states and ruled that defective workmanship resulting...
Tuesday, February 18, 2014

Admitting Animations into Evidence

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Last week, before the Atlanta snowstorms so rudely interrupted my work week, I posted an article written by Ed Josiah from Nautilus Cons...
Tuesday, February 11, 2014

Demonstrative Evidence: Evidentiary Issues & Laying a Proper Foundation

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In this post, we are reprinting an article (with the author's permission) that Ed Josiah , the Forum's tech guru from  Nautilus Cons...

Information regarding the Division I Program in the Bahamas

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The Division 1 program for the Mid-Winter meeting, entitled "How to Catch Flies – With Honey or a Fly Swatter?  Negotiation Tactics and...
Friday, February 7, 2014

In Texas, Contractual-Liability Exclusions Do Not Exclude Coverage for Property-Damage Claims Based on Failure to Perform Work in a Good and Workmanlike Manner.

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The Texas Supreme Court recently held that insurance coverage for property damage resulting from violations of a general contractor'...
Tuesday, February 4, 2014

Forum Webinar: Choosing Between Judge, Jury and Arbitrator: What’s the Real Difference?

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Choosing Between Judge, Jury and Arbitrator: What’s the Real Difference? Live Webinar: Thursday February 6 - 1 pm ET Click HERE to regi...
Thursday, January 30, 2014

Great Div 1 Lunch Program on Negotiation Tactics and Strategies

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1 comment:
Friday, January 17, 2014

Seventh Circuit (Posner, J.) Allows Limited Discovery To Proceed In US District Court Action Despite Parallel International Arbitration

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In GEA Group AG v. Flex-N-Gate Corporation, Shahid Khan (decided 1/10/2014), the Seventh Circuit allowed limited discovery to proceed in an...
Tuesday, January 14, 2014

Join Us For The Division 1 Dinner - Bahamian Club Restaurant (1/30/2014, 8:30PM)

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For those who are attending the Forum's Mid-Winter Meeting later this month in the Bahamas, email Tony Lehman ( Anthony.Lehman@dlapiper....