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Constructlaw®
Georgia’s Supreme Court Re-Affirms The Acceptance Doctrine
By Ryan Deroo
Thomaston Acquisition, LLC v. Piedmont Construction Group, Inc., No. S19Q0249, 2019 BL 202176 (Ga. June 03, 2019) The acceptance doctrine represents the principle that an independent contractor is not liable…
Constructlaw®
Pennsylvania Expands Attorney Work-Product Protection for Disclosures to Third Parties
Construction disputes frequently require companies to engage third-party consultants to analyze and opine on such issues as delays, defects in workmanship or materials, and deficiencies in payment— even before they…
Constructlaw®
The Prague Rules: What U.S. Practitioners Need to Know About the Civil Law World’s Answer to the IBA Rules on the Taking of Evidence in International Arbitration
Published in The Construction Lawyer, Volume 39, Number 1 Winter 2019. © 2019 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not…
Constructlaw®
Global Arbitration Review Know-How Construction Arbitration – United States
By Albert Bates, Zach Torres-Fowler
Pepper Hamilton attorneys Albert Bates and R. Zachary Torres-Fowler contributed the United States Construction Arbitration chapter to the Global Arbitration Review (GAR) Know-How series. Launched in 2006, GAR is a…
Constructlaw®
UPDATE: GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC: U.S. Supreme Court Grants Writ of Certiorari to Decide the Question of Whether the New York Convention Permits Non-Signatories to Compel Arbitration Under the Doctrine of Equitable Estoppel
As discussed in our post from last year, on August 30, 2018, the Eleventh Circuit Court of Appeals reversed a lower court decision to compel arbitration between an Alabama steel…
Constructlaw®
World Bank Debars Chinese Engineering Company for Fraudulent Bidding Practices in Connection With Liberian Infrastructure Project
By Zach Torres-Fowler, Anthony Finizio
On June 12, 2019, the World Bank announced that China-based Dongfang Electronics Co. Ltd. (“Dongfang”) would be debarred for fifteen (15) months for fraudulently bidding on a $60 million electrical…
Constructlaw®
New York Court Holds Contractor’s Failure to Timely Pass Through Subcontractor Delay Claim to the Owner Constitutes Breach of the Covenant of Good Faith and Fair Dealing
Rad and D’Aprile, Inc. v. Arnell Construction Corp, No. 502464/14, 2019 BL 131606 (NY. Sup. Ct. April 3, 2019) In June of 2001, Arnell Construction Corp. (“Arnell”) entered into a…
Constructlaw®
The Lessor of Two Evils: Iowa Supreme Court Holds That Mechanic’s Liens Will Not Attach to the Property of a Lessor for Work Authorized by a Lessee
Winger Contr. Co. v. Cargill, Inc., No. 17-1169, 2019 BL 132092 (Iowa Apr. 12, 2019). On April 12, 2019, the Iowa Supreme Court affirmed a lower court ruling which held…
Constructlaw®
District Court in Utah Grants Summary Judgment for Contractor Against Insurance Subrogation Claim Based on Contractual Waiver Provision and Statute of Limitations
By John Conrad
Aquatherm, LLC v. CentiMark Corp, 2019 BL 13240 (D. Utah Apr. 12, 2019) Stag II Lindon LLC and Stag Industrial Inc. (collectively “Stag”) owned a building in Lindon, Utah. Stag…
Constructlaw®
Texas Court Finds Out-of-State Defendant With Majority Ownership in Texas-Based Entity Not Subject to Personal Jurisdiction in Texas
EnerQuest Oil & Gas, L.L.C. v. Antero Resources Corporation, No. 02-18-000178CV, 2019 BL 130860 (Tex. App. – Fort Worth Apr. 11, 2019) A Texas appellate court recently found that an…