Newsletter Archive

Before the Dispute Resolver became a Blog, it was an e-mail newsletter.  Here is the archive for those newsletters with a brief summation of the information contained in each.

June 2010: The first ever issue, including a discussion on the ConsensusDocs 310 Green Building Addendum

April 2011: 2011 Annual Meeting Edition

August 2011: Change in law in Illinois in grounds for challenging arbitration awards; Meet Robbie MacPherson; Kentucky Economic Loss Rule; Delay Damages for Failing to Issue Notice to Proceed Promptly; Texas Arbitration Award Thrown out for Undisclosed Personal Relationship Between Arbitrator and Counsel; Meet the Editorial Board

September 2011: Crafting ADR Clauses to add expanded Judicial Review; Meet Ken Kupchak; Mediation Privilege Precludes Attorney Malpractice Claim; Scope of Arbitration Clauses

October 2011: Critiques of Expansion of the Federal Arbitration Act's Reach; Recent Developments in the Enforceability of Arbitration Clauses

November 2011: Dispelling Arbitration Myths; Meet Danny Shaw; Contractor responsibility for subcontractor work; Federal Prompt Pay Act does not create private cause of action against prime contractor

December 2011: Arbitrators Can Decide Validity of Arbitration Provisions; ESI Cooperation; Use of Promissory Estoppel; Christmas Decorations from Around the World

January 2012: Basic Considerations in Arbitration from Drafting the Agreement to Choosing an Arbitrator; Meet Cathy Shanks; Coverage of Georgia's Anti-Indemnity Statute; Professional Malpractice versus Simple Negligence under Georgia law

February 2012: Mediation Success and Case Exposure Evaluation; Class Action Waivers in Arbitration; Construction Manager Duties to Subcontractor's injured employees; Meet Scott Griffith

March 2012: GCs Entitled to Additional Insured Defense under Sub's CGL Policy; Breach of Subcontract in Massachusetts leading to violation of consumer protection statute; Broad Language in Liquidating Agreement limits subcontractor claim against Surety; Meet Buzz Tarlow

April 2012: Preparing clients for Mediation; Meet Bill Franczek; Arbitration Award Confirmation Required for Res Judicata Defense; Breadth of Release Language

May 2012: College of Commercial Arbitrators' Protocols for Expeditious, Cost-Effective Commercial Arbitration; Meet Tony Kaye; Notice Provisions and Waiver of Claims; Notice Provisions and Eichleay

June 2012: Principal's Waiver of Right to Compel Arbitration Does Not Bind Agent; Meet Alexis Lockshin; Waiver of Right to Compel Arbitration by Answering Complaint and Participating in discovery

July 2012: Arbitrator Power to Order Prehearing Discovery from Nonparty; Meet Cassidy Rosenthal; California Law on Subcontractor Indemnity to Contractor for Contractor's "Active Negligence"; Pennsylvania E-Discovery; Interpretation of CGL Exclusions for liability assumed in a contract

September 2012: Preparing Witnesses in Construction Cases; Later Purchaser Ability to Sue Builder in Ohio for Negligent Construction; "No Damages for Delay" in Texas (SEE UPDATE!); Arbitrators Decide scope of applicable arbitration rules; Meet Art Brannan

October 2012: Presenting Damages in Arbitration; Measures of Damage in Georgia for Negligent Construction; Trigger for Statute of Repose to begin Running in New Jersey on Multi-phase construction project

November 2012: Contract Provisions for Easier Dispute Resolution; Results of 2012 International Arbitration Survey; California Construction Form Interrogatories; Meet Anna Oshiro

December 2012: Selecting the Right Mediator for a Construction Case; Ohio Case on CGL policy not covering defective work claim; Failure to comply with Notice Provision Causes Rejection of Extra work Claim; Meet Santa Claus

January 2013: Making the Most of First Impressions in Court; Economic Loss Rule in Texas; New Jersey Statutes of Repose

February 2013: Proving Damages Using Trial Graphics; Contractor Safety Liability in Kentucky; Lien Foreclosure in Georgia on Leasehold Interest on Public Property; Meet Nick Holmes

March 2013: Maximizing Success in Early Construction Mediations; Minnesota Applies Anti-Indemnity Statute in Insurance Coverage Dispute; Florida Limits Applicability of Economic Loss Rule to Products Liability Cases; Meet Frank Adams

April 2013: Project Execution/Contracting Strategies, Part 1; updates on Iowa lien filing Statutes and Procedures

May 2013: Project Execution/Contracting Strategies, Part 2; General Contractor in Louisiana may maintain action against Engineer and construction manager for delays and hindering progress; Notice provisions in Nevada; Meet Tony Lehman

June 2013: Project Execution/Contracting Strategies, Part 3; Meet Joe West; Exceptions to written contract barring quantum meruit claim in Texas; Privity requirements for Miller Act claims

August 2013: Project Execution/Contracting Strategies, Part 4; Recent cases on Occurrences under CGL Policys