THE DISPUTE RESOLVER

Articles on Construction Litigation & Dispute Resolution by Division 1 of the ABA Forum on Construction Law

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Saturday, December 23, 2017

Suit Up: Fla. Supreme Court Holds Statutory Defect Notice is a "Suit" Under CGL Policy

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https://www.getrefm.com/wp-content/uploads/2015/03/condo_construction.jpg Recently, the 11th Circuit was presented with an appeal concer...
Saturday, December 16, 2017

Are Your Punch Lists Signed Off and O&Ms Submitted? NJ Court Rules not Delivering all Closeout Items Could be a Basis for Withholding Final Payment for Over Two Years

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General Contractor Wallace Brothers, Inc. (Wallace) entered into a contract with the East Brunswick Board of Education (Board) for the co...
Thursday, December 7, 2017

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The early bird deadline to sign up for the Midwinter Meeting in Fort Myers, Florida, is tomorrow ! This program, which is focused a...

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Montana Supreme Court Holds That a Waiver of Consequential Damages and a Partial Limitation of Liability in a Design Contract Are Not Con...

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Federal Court Holds That, Under Louisiana Law, a Contractor Need Not Show a Total Work Stoppage to Recover Extended Home Office Overhead U...
Tuesday, November 21, 2017

Make Sure Delay Claims are Timely and Discrete: MI Court Finds $3,000/Day Liquidated Damages are Enforceable on a Project 644 Days Late

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In December of 2007, specialty contractor Abhe & Svboda, Inc. (ASI) entered into a contract with the Michigan Department of Transpo...
Friday, October 27, 2017

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Enjoy the post from I'Ashea Myles-Dihigo: Money for Women and Minority Owned Contracting Businesses… An Introduction to Winning ...
Monday, October 23, 2017

In a matter of first impression, California Court declares subcontractor's CGL coverage includes subcontractor's work & delay to general contractor

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https://www.steelconstruction.info/Modular_construction In Glob. Modular, Inc. v. Kadena Pac., Inc. , 222 Cal. Rptr. 3d 819 (Cal. Ct. Ap...
Friday, October 20, 2017

Federal Court Rules Presence of “Orange Saw Horses” During a Site Visit was Sufficient Notice to Contractor that Worksite was Structurally Deficient

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The Naval Facilities Engineering Command (NAVFAC) issued a solicitation (Solicitation) for bids for a project at the Naval Stations in Ne...
Monday, October 9, 2017

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Thanks to Benjamin J. Morris from the San Diego office of Foley & Lardner LLP for his contribution to the Dispute Resolver:  Calif...
Friday, October 6, 2017

Fall Meeting - D1 Lunch Program - Innovative Approaches to ADR

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As the projects grow more complex, the stakes for project participants similarly grow complex. To solve the problems that inevitably arise, ...
Tuesday, September 26, 2017

1st Circuit Pending Appeal - Construction Contract Defenses & Miller Act

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https://www.va.gov/directory/facility In  Endicott Constructors Corp. v. E. Amanti & Sons, Inc. , No. 1:14-CV-12807-LTS, 2017 WL 30...
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