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No Free Warranty: Connecticut Court Adopts Correction or Repair Test

Constructlaw

a Connecticut court considered for the first time whether the performance of warranty work tolls the statute of limitations on payment bond claims. s (ALS’s) bond claim because ALS admitted that it last performed non-warranty work on the project more than one year before filing suit, meaning the statute of limitations barred its claim.

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#135:  Unconscionable Arbitration Agreements

NH Construction Law

“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. ” Id.

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Severin Doctrine: It's Another Name for "Pass-Through-Plus" Claims

Best Practices Construction Law

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.

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Construction Arbitration

Constructlaw

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.

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Water is the Most Important ESG Factor

Green Building Law Update

I am excited to be presenting a fast paced and fun one hour virtual program, “ESG an Emergent and Fast Growing Area of the Law” for the Maryland State Bar Association, and Not just for lawyers, on December 14, 2021 at noon. Supreme Court squarely rejected Mississippi’s claim that Tennessee’s wells are stealing Mississippi’s ground water.

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Settlement Strategy is More Important than Litigation Strategy

Federal Construction Contracting Blog

In the world of federal government contract disputes, a great deal of time is frequently spent drafting a request for equitable adjustment (REA) or a claim under the Contract Disputes Act. It is important in all of this for contractors to refrain from “falling in love” with their claims.

Claims 52
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Contracts Must Be Clear on "Arbitrability" Question, Especially for $56M Claims

Best Practices Construction Law

The contract between PKC and the Owner provided that disputes were to be presented to a three-member DRB, which would issue findings and nonbinding recommendations to the project director. Those claims were identified in Exhibit 1 to the agreement. The Original Agreement. The Disputes. Lessons Learned.

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