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Friday, December 19, 2014

The Best of 2014 from Under Construction

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It's coming close to the end of the year. Many websites and news outlets use the end of the year to highlight those news stories and hea...
Thursday, December 11, 2014

Is the Med-Arb Format Right For You?

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By Nicholas P. Brown , Pierce Atwood, LLP As the cost of litigation has grown and the appetite for its attendant risks declined, owners a...
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Monday, December 8, 2014

Texas Supreme Court Adopts Restyled Evidence Rules

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The Texas Supreme Court recently announced  that it has adopted revisions to the Texas Rules of Evidence . The revisions are intended to ...

JAMS Global Construction Solutions Fall 2014 Newsletter Explores Crucial Elements to Successful Mediation

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The success of a mediation depends on several factors, including timing, preparation, and settlement confirmation, as recently discussed in...
Wednesday, November 26, 2014

The Owner's Authority: Illinois Public-Construction Bonds Are “Deemed” to Include Both a Performance and Payment Guarantee

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On The Owner's Authority ,  Daniel Dorfman  recently posted an interesting article  on a recent Illinois case concerning performance an...
Tuesday, November 25, 2014

JAMS Construction Arbitration Rules -- Revised 11/15/2014

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Effective November 15, 2014, JAMS issued an update to its Engineering and Construction Arbitration Rules & Procedures . Click HERE fo...

Download the Forum on Construction Law's App

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At the Fall Meeting in Chicago, the Forum on Construction Law released its new application.  At the meeting, the application had all speaker...
Friday, November 21, 2014

Mediation Privilege Bars Reopening Previously Settled Suit in Bankruptcy

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The United States Court of Appeals for the Seventh Circuit recently affirmed a decision of the Bankruptcy Court for the Eastern District of ...
Thursday, November 13, 2014

6th Circuit: Manufactured Homes are not "Consumer Products" under Magnuson-Moss Warranty Act

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In Bennett v. CMH Homes, the plaintiffs' purchased a 2,180 square foot manufactured home from CMH Homes after their prior residence was ...
Tuesday, November 11, 2014

A Contractual-Liability Exclusion to Insurance Coverage Might Not Apply to Defective-Work Claims Against a Contractor.

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The U.S. Court of Appeals for the Fifth Circuit recently held that, under Texas law, an insurer could not exclude coverage for property dam...
Friday, November 7, 2014

U.S. Supreme Court Declines to Review Ninth Circuit’s Assumption of Role As Additional Daubert Gatekeeper

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On October 6, 2014, the United States Supreme Court denied a writ of certiorari regarding the Ninth Circuit’s January 15, 2014, decision i...
Tuesday, October 28, 2014

California General Contractors May Prospectively Waive Lien Claims

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Christopher Ng recently posted an interesting article concerning the waiver of a general contractor's priority for its mechanic's l...
Thursday, October 23, 2014

New York Commercial Division Enacts New Rule to Promote More Efficient Privilege Logging

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In document-intensive construction cases, a complete privilege log with enough information to allow the opposition to determine whether to ...
Monday, October 20, 2014

No-Damages-For-Delay Provision Does Not Shield Owner from Liability for Deliberate Interference With a Contractor’s Work.

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In a much-anticipated decision, the Texas Supreme Court has ruled in favor of a general contractor seeking to recover funds withheld by an ...
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The Fall Meeting in Chicago

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Thank you to everyone who attended the Fall Meeting in Chicago last week. We on the steering committee are very excited about the annual pla...
Wednesday, October 15, 2014

New Name, New Logo . . . Same Great Forum. The Forum on Construction Law. Building The Best Construction Lawyers

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Plan ahead for the Forum's 2015 Midwinter Meeting on January 29-30, 2015 in Scottsdale, Arizona.  
Monday, October 13, 2014

This Week: Forum's Fall Meeting in Chicago

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If you are attending the Fall Meeting in Chicago, you should have received an email last week with a link to the written materials. If you m...
Friday, October 10, 2014

United States Supreme Court To Review Two Qui Tam Issues: Application of “First-to-File” Under the Federal False Claims Act and Tolling Provisions of the Wartime Suspension of Limitations Act

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The United States Supreme Court granted certiorari on July 1, 2014 to review the United States Fourth Circuit’s March 18, 2013, decision t...

Sixth Circuit Allows Lawsuit Against Indirect Parties Following Consolidated Arbitration

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Jones Day recently posted an interesting article about a case allowing a subcontractor to proceed with a lawsuit against design professional...
Friday, October 3, 2014

E-Discovery Is Complicated, But It Is Still Discovery.

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Reasonable cooperation between opposing counsel during discovery can save clients significant costs and delays in litigation. The current...