Agreement Claims Drafting Presentations 
NH Construction Law
APRIL 26, 2024
“An agreement to arbitrate may be unenforceable if pursuing a claim in arbitration is so cost prohibitive that it prevents a party from vindicating its rights.” ” He pointed to the AAA’s Administrative Fee Schedules, under which it would cost him over $8,000 to present his case to the arbitrator.
Constructlaw
SEPTEMBER 29, 2020
Court of Appeals for the Third Circuit addressed the perennially thorny issue of whether the courts or arbitrators retain the authority to resolve questions involving the enforceability of arbitration agreements. After the project began, a labor union representative approached and asked MZM’s president to execute a “short-form agreement.”
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Best Practices Construction Law
OCTOBER 10, 2012
The claims were made by the contractor on its own behalf, as well as on the behalf of its subcontractor. The claim was presented by the contractor to the DOT. There is a reason why I call the Severin doctrine a pass-through-plus claim. A well drafted liquidation agreement will generally accomplish this purpose.
Best Practices Construction Law
MAY 29, 2013
Just like any other construction contract dispute, the resolution in arbitration often comes down to the language used in the parties'' agreement. The Original Agreement. The Second Agreement. Those claims were identified in Exhibit 1 to the agreement. In Massachusetts Highway Dept. Perini Corporation, 83 Mass.
Construction Lawyer
JANUARY 29, 2014
In February, 1999, an engineer for Hanson sent a letter to Wight which stated that it “describes the history and approximate extent of coal mining activity in the Benld/Gillespie area of Illinois, and also provides a general presentation regarding subsidence and its risk of occurrence.”. contracts litigation'
Constructlaw
MAY 3, 2023
Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. Many construction disputes involve aspects that may make them challenging to litigate before US or foreign courts, including: Many individual claims. Numerous individual claims.
Constructlaw
JULY 13, 2021
This is critically important in cases where the arbitration agreement selects the AAA without designating which of the various AAA arbitration rules the parties intended to apply (eg, the Commercial Arbitration Rules, Construction Arbitration Rules).
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