New AAA Fixed Time and Cost Arbitration: Affordable Dispute Resolution?
A prior post discussed the advantages of the AAA’s Fast Track Arbitration Procedure. More recently, the American Arbitration Association has created a new set of rules that also seek to minimize the cost and time for dispute resolution through arbitration. According to the AAA, these “Supplementary Rules for Fixed Time and Cost Construction Arbitration” will allow parties to determine:
- the maximum time to complete arbitration;
- the number
Wrongful Termination and the Right to Cure: The Subcontractor’s Perspective
In a recent case, a subcontractor asserted a wrongful-termination claim against a contractor when it was terminated for violating certain safety rules of the project. When the subcontractor’s personnel were seen crossing “live” transit tracks, the owner sent a letter to the contractor precluding the subcontractor from accessing the project, and the contractor terminated the subcontract. Yet even when the subcontractor allegedly violated safety protocols, it still had a contractual … Read more
A recent construction case addressed the Acceptance Doctrine and a potentially broad exception that prevented its application to a negligent-construction claim.
The case involved structural damage to a newly constructed Holiday Inn Express resulting from settlement of rear parking lot, pool areas, and one side of the building. Owner hired Contractor to perform grading work, and Contractor hired Subcontractor to perform certain aspects of the grading work. After the grading work was complete, Owner separately hired another contractor to construct … Read more
The Atlanta Bar Litigation Section recently published an article written by Autry Cole attorney David Cook regarding insurance coverage for damages arising from defective construction. A link to the article is provided below.
Insurance Coverage for Damages Arising from Defective Construction
One of the first considerations of most attorneys is whether insurance coverage is available to remedy their client’s loss or potential loss. Yet many attorneys are unaware that commercial general liability (CGL) insurance policies may provide coverage for property … Read more
AHC Attorney David Cook recently participated in a panel discussion at the American Council of Engineering Companies of Georgia regarding highway construction issues for engineers. … Read more
The Importance of Construction Document Management in Claims Resolution
Construction projects typically involve many, many documents. They can include volumes of specifications, supplemental specifications, and standards. Even the contracts themselves can fill an oversized binder. Outside of contract documents, the project participants will generally create daily reports, logs, and diaries. They will usually correspond by email on a daily basis.
When problems arise, the documents of a project will usually affect the outcome of any dispute. So it should be … Read more
In several prior posts, we have discussed the availability of CGL insurance to cover certain property damages arising from defective construction. A recent Georgia case examines several arguments of a CGL insurer’s attempt to avoid such coverage. … Read more
When a cleaning contractor failed to pay its employees for cleaning services at a university, its employees sued the Board of Regents (BOR), asserting various creative arguments. For instance, they argued that the BOR and university were negligent in failing to confirm the validity of a forged payment bond submitted by the employer.
In support of their negligence claim, they alleged that the BOR was required to ensure that the contractor provided a valid payment bond. Underlying this argument was … Read more
This post was originally published in AHC’s Energy Law Blog. It is just as relevant to developers, contractors, and others who participate in energy-related construction projects. So we are posting it in our Construction Law Blog. … Read more
A recent case involving storm water run-off from a residential construction development raises several issues of Georgia litigation procedure and the law of torts. It also discusses the important interplay of federal and state laws in the context of storm water run-off litigation. … Read more