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All articles tagged '"construction"'
41 articles found
Special Masters: How To Make the Best of Both Worlds, Part XI
By Merril Hirsh, James Rhodes & Karl Bayer - April 16, 2015
In Parts Nine and Ten, we discussed how there is a rap on using special masters that stems the way in which special masters are selected and used. As we discussed, currently, when judges bring special masters into cases it is generally both ad hoc (specific to the case, and chosen based on virtually no standardized criteria) and post hoc (often to deal with messy disputes after they have arisen and potentially become intractable, instead of up fr
Texas Supreme Court Orders Portions of Condo Construction Dispute to Arbitration
By Beth Graham - March 25, 2015
The Supreme Court of Texas has ordered a property developer to arbitrate its claims against a general contractor but refused to require it to submit the company’s claims against a number of other defendants to arbitration.
Fifth Circuit Overturns Lower Court’s Order Partially Vacating Arbitral Award
By Beth Graham - February 20, 2015
The United States Court of Appeals for the Fifth Circuit has overturned a lower court’s order vacating a portion of an arbitral award. In BNSF Railway Co. v. Alstom Transportation, Inc., No. 13-11274 (5th Cir. Feb. 5, 2015), a railroad company, BNSF, hired another company, Alstom, to manage its locomotive maintenance program.
Part Two: Arbitration in Evolution
By Beth Graham - November 18, 2014
In Part One of this series, Disputing highlighted the survey group profile described in “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” authored by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich.
Part One: Arbitration in Evolution
By Beth Graham - November 14, 2014
Professor Thomas Stipanowich, Pepperdine University School of Law, and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich, have published “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” Columbia American Review of International Arbitration, Forthcoming ; Pepperdine University Legal Studies Research Paper No. 2014/30.
Amarillo COA Holds Arbitration is Required in Construction Fee Dispute
By Beth Graham - October 3, 2014
Texas’ Seventh District Court of Appeals in Amarillo has reversed a district court’s decision to deny arbitration in a construction fee dispute. In Journeyman Const. Inc. v. Scottco Mechanical Contractors, Inc., No. 07-13-00393-CV, (Tex. App. – Amarillo, Sept. 26, 2014), a general contractor, Journeyman, entered into a number of subcontracting agreements related to the restoration of the Potter County Courthouse.
Texas Supreme Court Agrees to Decide Whether Construction Dispute Should be Arbitrated
By Beth Graham - September 4, 2014
The Supreme Court of Texas has agreed to review whether an arbitration clause applies to a construction dispute between a developer, a builder, an architectural firm, and others.
Fifth Circuit Holds Policy Exclusion Applies Where Arbitrator Relied on Express Warranty in Texas Construction Defect Case
By Beth Graham - September 2, 2014
The United States Court of Appeals for the Fifth Circuit has refused to order an insurance company to pay an arbitral award in a construction defect case.
Summary of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution (Part III)
By Renee Kolar - August 29, 2014
In part III of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Professor Stipanowich highlights five trends that are likely to have a growing impact on our lives, on law practice and the management of conflict. Those five trends are: technology, globalization, insights through behavioral science and "big data," longer productive lives (active retirement), and education and credentialing in the professional practice.
Summary of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution (Part II)
By Renee Kolar - August 27, 2014
In Part II of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Professor Stipanowich discusses which of the dispute resolution methods from the end of the twentieth century are still used today and describes the current situation of dispute resolution in the construction industry.
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