In a unanimous opinion, the U.S. Supreme Court has decided that a court, not an arbitrator, must decide whether a dispute is subject to arbitration when parties have agreed to
Continue Reading U.S. Supreme Court Decides That, Where Parties Have Agreed to Two Contracts that Are In Conflict as to Whether a Dispute Between the Parties Is Subject to Arbitration, A Court Must Decide Which Contract Governs, Not an ArbitratorConstruction
Consortium That Lost Arbitration Involving Panama Canal Dispute Asks the U.S. Supreme Court to Clarify the Standard Governing the Vacatur of Arbitration Awards Based on Arbitrator Conflicts of Interests
By Sarah B. Biser & Craig R. Tractenberg on
A consortium that was on the losing side of a $238-million arbitration over the construction of the third set of locks for the Panama Canal is asking the United States…
Continue Reading Consortium That Lost Arbitration Involving Panama Canal Dispute Asks the U.S. Supreme Court to Clarify the Standard Governing the Vacatur of Arbitration Awards Based on Arbitrator Conflicts of InterestsNew York Caps Retainage at 5% On Private Construction Projects, Permits Contractors to Submit Final Invoice Upon Substantial Completion
By Sarah B. Biser on
New York has made changes to its Prompt Payment Act (N.Y. Gen. Bus. Law §756)
Legislation, which Gov. Kathy Hochul signed into law on November 17, 2023, provides that:
- retainage
Understanding the Differences in the Enforcement of Arbitration Awards and Expert Determinations
By Sarah B. Biser & Craig R. Tractenberg on
Is there a difference in enforcement between an arbitration award and an expert determination pursuant to a contract? The answer is yes, according to a recent ruling by the 3rd…
Continue Reading Understanding the Differences in the Enforcement of Arbitration Awards and Expert DeterminationsTrends in Project Delivery Methods in the United States
By Sarah B. Biser on
The three key measures of a construction project’s success are cost, quality and time (delays). The project delivery method that the owner of the project selects can affect each of…
Continue Reading Trends in Project Delivery Methods in the United StatesThe Future has Arrived – New Technologies in Construction
By Sarah B. Biser & Craig R. Tractenberg on
The construction industry has traditionally been slow to adapt to new technologies, but things are changing.
Construction companies are keen to control costs (including increased costs due to supply chain…
Continue Reading The Future has Arrived – New Technologies in Construction