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All articles tagged '"construction"'
41 articles found
Gender Differences in Dispute Resolution Practice
By Beth Graham - February 14, 2014
Gina Viola Brown, Editor of the American Bar Association's Dispute Resolution Magazine, and Andrea Kupfer Schneider, Professor of Law at the Marquette University Law School, have written an interesting paper entitled Gender Differences in Dispute Resolution Practice: Report on the ABA Section of Dispute Resolution Practice Snapshot Survey, Marquette Law School Legal Studies Paper No. 14-04.
Dallas COA Orders Custom Home Dispute to Arbitration
By Beth Graham - January 28, 2014
The Dallas Court of Appeals has held that a dispute over the construction of a custom home should be arbitrated. In the case, In re Susan Newell Custom Home Builders, Inc., Susan Newell, Individually, and Lisa Doolitte, Relators, No. 05-13-01474-CV (Tex. App.—Dallas, Jan. 14, 2014), Lynne McGreal Tonti signed a contract with Susan Newell Custom Home Builders, Inc. (“the Company”) to build a custom house for her. The new home contract contained
Texas’ 4th COA Compels Arbitration After Two Years of Discovery Where Party Fails to Offer Evidence of Prejudice
By Beth Graham - December 11, 2013
Texas’ Fourth Court of Appeals has ordered two companies to arbitrate a contract dispute related to the construction of airplane hangars in Mexico.
Dallas Appeals Court Holds Arbitral Award Must Stand in Construction Dispute
By Beth Graham - April 27, 2013
The Fifth District Court of Appeals in Dallas has affirmed a lower court’s decision to confirm an arbitral award in a construction dispute. In Goldman v. Buchanan, Beryl Goldman entered into a contract to design and build a new house with an architect, Russell Buchanan, and a builder, Lawrence Wallace. The parties' agreement contained an arbitration provision.
Part One: A Brief History of ADR and Corporate Perception
By Karl Bayer - April 2, 2013
The following is part 1 of a 5 part overview of Professors Thomas Stipanowich (Pepperdine University School of Law) and J. Ryan Lamare (Pennsylvania State University) paper entitled “Living with ‘ADR’: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations.”
Houston Appeals Court Compels Gas Delivery Dispute to Arbitration
By Beth Graham - March 21, 2013
Houston’s First Appellate District has compelled a dispute over a natural gas delivery contract to arbitration despite that arbitration was not expressly required under the parties’ agreement because the dispute could not be decided without considering another contract that required arbitration. In Enterprise Field Services, LLC v. TOC-Rocky Mountain, Inc., No. 01-12-00345-CV (Tex. App. 1st February 28, 2013), the predecessor companies to Enterpr
GUEST-POST | Who Pays the Hospital-Medical Staff Standing Neutral?
By Holly Hayes - April 20, 2012
By Richard J. Webb, Esq. This is a follow-up to a four part series of posts at the Healthcare Neutral ADR Blog on the hospital-medical staff standing neutral. See Part I, Part II, Part III, and Part IV. This concept requires a hospital and its organized medical staff to select a neutral expert in advance of any dispute, who will stand ready to assist the parties as problems arise, with the aim of resolving conflicts quickly and efficiently. It is
The Role of the Standing Neutral in Healthcare Conflict: Advantages and Disadvantages
By Holly Hayes - April 6, 2012
by Holly Hayes Richard J. Webb, LLC, writes the Healthcare Neutral ADR Blog. Over the last two months, he featured a four-part series on the value of a standing neutral in the healthcare setting. The four-part series of posts includes: introducing the concept, its advantages and relation to Joint Commission requirements, how to define the neutral’s role and Selecting A Hospital-Medicdl Staff Standing Neutral. The series focuses on two stand
The State Bar of Michigan Announces the ‘Michigan Mediates!’ Campaign
By Victoria VanBuren - October 27, 2011
Via Court ADR Connection we learned of “Michigan Mediates!” a statewide mediation program launched recently by the State Bar of Michigan, ADR Section. The goal of Michigan Mediates! is to elevate awareness and use of mediation as a practical and cost-effective tool to help solve many of the complex problems plaguing government agencies, schools and communities. Michigan Mediates! will include state-wide trainings, public service annou
Ninth Circuit Rules that Pre-Dispute Mandatory Arbitration Clause Is Invalid Under the Magnuson-Moss Warranty Act
By Victoria VanBuren - October 13, 2011
In Kolev v. Euromotors West/The Auto Gallery, 2011 U.S. App. LEXIS 19254 (9th Cir. Cal. Sept. 20, 2011) a pre-owned car Diana Kolev (“Kolev”) purchased developed serious mechanical problems during the warranty period and the dealership refused to honor her warranty claims. Kolev sued for breach of warranties under the Magnuson-Moss Warranty Act (“MMWA”), 15 U.S.C. Section 2301 et seq., breach of contract, and unconscionabi
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