In construction defect cases there is often a dispute within the dispute: should the case be prosecuted in a court of law or proceed under the terms and conditions of an arbitration provision? There are rational reasons for selecting arbitration over a court or jury trial. Many believe that arbitrations are more cost effective than … Continue reading Resolving Construction Defect Cases: Are Arbitration Provisions in CC&R’s Enforceable?
Construction projects are littered with daily conflicts and some long term ones; sometimes they merge. Such is the case where there are oral field directives to proceed with changes that may increase the scope of the work. But what happens when the contract says that all change orders must be in writing? Certainly that is just legal mumbo … Continue reading A New Case On Oral Modifications Of Public Works Contracts
Appellate court opinions provide more than intrinsic precedential value; they are also useful reads in a “best practices” kind of way. Sometimes the lesson derived from them is “what not to do,” as illustrated in two recent cases from the California Court of Appeals. The first case is one of those “I did not expect … Continue reading Recent (Painful) Lessons from the California Court of Appeal