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|Res Judicata, Claim Splitting, and Arbitration|
Stanley A. Martin; Duane Morris LLP;
January 23, 2015, previously published on December 4, 2014An arbitration claimant who sought to preserve the right to pursue related claims against the same opponent has found its efforts barred by the Rhode Island Supreme Court, in a case with several procedural twists and turns. The case has all the hallmarks of an inequitable outcome for the benefit of...
|AIA Contract Dispute Resolution Choices - What Does “Other” Mean?|
Stanley A. Martin; Duane Morris LLP;
January 23, 2015, previously published on December 8, 2014The AIA contract forms include three options for dispute resolution: arbitration, litigation, and “other.” A Connecticut Superior Court judge has concluded that parties who chose “other” by specifying “Architect” were in fact choosing arbitration by the project...
|When Georgia Department of Transportation Comes to a Fork in the Road, They’ll Take It|
William W. Fagan, Antony L. Sanacory; Duane Morris LLP;
January 22, 2015, previously published on November 24, 2014When Yogi Berra advised “When you come to a fork in the road take it,” he may not have expected his words to apply so literally to navigating Atlanta’s traffic. Georgia Department of Transportation’s (GDOT) has not quite reached the fork in deciding how it will finance an...
|Saskatchewan Prime Contractor Regulations Coming into Force January 1, 2015|
Tari M. Hiebert, Jennifer A. Miller, Erinn O'Brien; Bennett Jones LLP;
January 20, 2015, previously published on November 24, 2014On January 1, 2015, The Occupational Health and Safety (Prime Contractor) Regulations will come into force in Saskatchewan (the Prime Contractor Regulations).
|Licensed Producers and Quality Assurance Under the MMPR: Filling the QAP Gap|
Hugo M. Alves, Vladimir Klacar, Michael D. Lickver; Bennett Jones LLP;
January 20, 2015, previously published on December 1, 2014A successful application under the Marihuana for Medical Purposes Regulations (MMPR) requires, amongst other things, the selection of an appropriately qualified Quality Assurance Person (QAP). In addition to finding a qualified QAP, applicants should be aware of certain complexities that may arise...
|Competence in Construction Report|
Withers Bergman LLP;
January 20, 2015, previously published on December 10, 2014Following the launch of a Government strategy in July 2013 to drive up standards of competence and quality in the UK construction industry, the Construction Industry Training Board has published its report Competence in Construction.
|Those Hiring Private Investigators Must Be Aware of Privilege and Privacy Legislation|
Justin R. Lambert, Steven L. Major; Bennett Jones LLP;
January 19, 2015, previously published on April 25, 2014When a fraud is suspected, the litigator often turns to a private investigator to gather evidence about, and to use against, the fraudster. Retaining and instructing an investigator must be undertaken with extreme caution to avoid ultimately prejudicing the case against the wrongdoer. Those...
|Sureties and Contractors: Deviate from the Contract’s Claims Notice Provisions at Your Own Peril|
Adam J. Beedenbender; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on May 2014The Georgia Court of Appeals’ March 28, 2014 decision in Western Sur. Co. v. Department of Transp. is likely to strike fear into the hearts of Georgia Contractors and Sureties. In that decision, the Court held that such Contractors and Sureties, absent extraordinary circumstances, must comply...
|Forum Selection Clauses in Construction Contracts - Enforceable or Not?|
Eric R. Mull; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on September 2014Late last year in Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 134 S.Ct. 568 (2013), the United States Supreme Court took a critical stand for subcontractors, limiting the use of forum selection clauses in construction contracts. In so...
|Litigation Pitfalls: Failure to Preserve Evidence in Your “Control.”|
Lisa Richardson; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on May 2014Spoliation of evidence is the destruction or failure to preserve evidence within the possession, custody or control of a party after that party anticipates litigation. A charge of spoliation is serious because it can lead to sanctions.