Constructlaw

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GAR Know How Construction Arbitration: USA (August 2023)

Constructlaw

Accreditation: An extract from GAR’s Construction Arbitration Know-how. The whole publication is available at [link]. Troutman Pepper Partners Albert Bates and Zachary Torres-Fowler are published in GAR Insight with their article, “GAR Know How Construction Arbitration: USA (August 2023).” This chapter summarizes issues commonly raised during international construction arbitrations seated in the United States or governed by U.S. laws.

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Suppliers Beware: U.S. Government Continues Prosecution of Disadvantaged Business Enterprise Fraud Cases Involving Supplies Passed Through Disadvantaged Business Enterprises

Constructlaw

Michael Schwartz, Kristin Jones, and John Gazzola were published in the August 2023 Pratt’s Government Contracting Law Report article, “ Suppliers Beware: U.S. Government Continues Prosecution of Disadvantaged Business Enterprise Fraud Cases Involving Supplies Passed Through Disadvantaged Business Enterprises.

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International Arbitration Experts Discuss the Impact of Artificial Intelligence on International Arbitration

Constructlaw

Albert Bates and Zachary Torres-Fowler were quoted in a Q&A for Mealey’s International Arbitration Report titled, “International Arbitration Experts Discuss the Impact of Artificial Intelligence on International Arbitration.” Bates and Torres-Fowler: The rapid expansion of AI technology may be among the most consequential developments facing not only the international arbitrational community, but the legal industry as whole.

Legal 52
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A More Even Field: The Eleventh Circuit Overrules Its Precedent and Joins Most Circuits on the Applicability of Domestic FAA Grounds to Vacate Nondomestic Arbitration Awards[1]

Constructlaw

Earlier this year the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A. , where it held that the grounds for vacatur under Chapter 1 of the Federal Arbitration Act (FAA) may also apply to nondomestic arbitration awards ( e.g., arbitration awards rendered in the U.S. but involving a non-U.S. party). [2] The court’s decision overruled tw

AIC 52
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U.S. Government Plans to Leverage P3s to Make Federal Buildings More Energy Efficient

Constructlaw

Introduction As the nation’s largest energy consumer, the U.S. federal government plans to curb greenhouse gas emissions across its expansive portfolio of more than 350,000 federal buildings. [1] In a pioneering move, the Biden administration and Department of Energy (DOE) recently announced the Climate Smart Buildings Initiative (CSBI). [2] This bold initiative aims to upgrade federal buildings across the U.S. with emerging and sustainable technologies in an effort to meet the Biden administrat

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Opinion: Stop Requiring Exhibit Lists!

Constructlaw

Reposted from The Dispute Resolver with permission. You are conducting the final hearing of a high-dollar construction arbitration. Opposing counsel hands you the next document that counsel plans to use in questioning the witness on the stand. You notice that the document is bates stamped but has no exhibit number. So, you quickly consult opposing counsel’s exhibit list and – gasp – you find that the document is not on the list.

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PA Appellate Court Issues Strong Reminder: CASPA’s Fee-Shifting Mechanism Applies to Subcontractors, Contractors, and Owners Who Prevail in Payment Disputes

Constructlaw

SDSP, LLC v. Attias , 2023 Pa. Super. Unpub. LEXIS 1518 The Superior Court of Pennsylvania vacated a multimillion-dollar award to subcontractors arising from a payment dispute, and remanded the matter to the trial court for an attorney’s fees award to the developer who prevailed on appeal. This is a strong reminder to all tiers of the construction chain that Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA) allows substantially prevailing parties — whether owners, contractors, or s