Author Archives: constructlawph

Deciding Arbitrability and Arbitration Agreements: Eleventh Circuit Refines Its Interpretation of the Federal Arbitration Act and United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Outokumpu Stainless USA, LLC v. Converteam SAS, 2018 U.S. App. LEXIS 24671 (11th Cir. Aug. 30, 2018) On August 30, 2018, the Eleventh Circuit Court of Appeals reversed a lower court decision to compel arbitration between an Alabama steel plant … Continue reading

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Sharply Divided Massachusetts Supreme Court Holds That the Statute of Repose Bars a Homeowner’s Claim Against a Contractor Under the Consumer Protection Statute

Bridgwood v A.J. Wood Constr., Inc., 2018 Mass. Lexis 561 (Sup. Ct., Aug. 29, 2018) On October 30, 2000, the city of Newburyport, through its housing rehabilitation program, awarded A.J. Wood a contract for the rehabilitation of Ms. Terry Bridgwood’s … Continue reading

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Arbitration by Estoppel: North Carolina Court Holds That Arbitration Clauses Bind Nonsignatories Who Seek to Enforce the Contracts in Which the Clauses Appear

Charlotte Student Hous. DST v. Choate Constr. Co., 2018 NCBC LEXIS 88 (N.C. Super. Ct. Aug. 24, 2018). This case arose from the construction of a student apartment complex known as Arcadia.  The plaintiffs, Arcadia’s current owner and landlord, asserted … Continue reading

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New York Appellate Division Holds That Contractor’s Assertion That No Payments Were Due to Subcontractor Until a Separate Prevailing Wage Action Was Resolved Precludes Application of Contractual Limitations Period

AWI Sec. & Investigations, Inc. v. Whitestone Constr. Corp., 2018 N.Y. App. Div. LEXIS 5867 (August 23, 2018) A subcontractor, AWI Security and Investigations, Inc. (“AWI”), sued a general contractor, Whitestone Construction Corp. (“Whitestone”), for unpaid contract payments for providing … Continue reading

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General Contractor’s Unjustified Threats to Assess Delay Damages Against Subcontractor Are a Material Breach of Contract

Randy Kinder Excavating, Inc. v. JA Manning Constr. Co. 2018 U.S. App. LEXIS 21878 (8th Cir. Aug. 7, 2018) This dispute arose from a contract to build a pumping station in Arkansas (the “Project”).  In June of 2010, the U.S. … Continue reading

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