Litigation update: Arbitration issues

Standard-form contracts used in the construction industry specifically reference the possible use of arbitration, although the parties may have to check a box on a form to make this the final dispute resolution process. Every year, several reported construction cases revolve around whether arbitration is required; this article examines...
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Post-bid interview strategy

The doctrine of privity in the common law of contract protects architects and engineers from lawsuits by contractors by requiring that for one party to sue another, there must be a contract between them. However, recent developments in tort law have weakened this defense by providing a path for...
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Be careful with flow-down provisions

A flow-down provision states the terms of the contract at a higher tier are also binding on the lower-tier contractor. For instance, the subcontract between the general contractor and the electrical installer usually contains a flow-down provision stating the terms and conditions.
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The architect as initial decision-maker

All claims and disputes between the owner and the contractor on projects using American Institute of Architects (AIA) A232, General Conditions of the Contract for Construction must be submitted to a first-fact-finder for investigation and a written decision before proceeding to mediation or arbitration.
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