By Bruce Jervis
When parties commit to binding arbitration of their contract disputes, they assume the arbitrator or arbitrators will apply the terms of the contract in a lawful manner. But, is the arbitrator required to do so? The answer, surprisingly, is not necessarily.
An arbitrator in a recent case refused to enforce straightforward waiver and release language against a subcontractor. The arbitrator reasoned that the failure to submit the referenced progress payment requisition into evidence rendered the scope of the release ambiguous. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Arbitrator Did Not Manifestly Disregard Waiver and Release Language
- Government Claim against Contractor Asserted Too Late
By Steve Rizer
If the design professional in a construction project approves a shop drawing that is contrary to the prime contract specifications, does the owner have a claim against the design professional either for negligence or breach of contract? This is one of several questions that Sherman & Howard LLC’s Stephen Hess fielded during the “Q&A” segment of a recent WPL Publishing webinar. To see how he responded to the inquiry, click here.