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Sep 18, 2013

Can You Arbitrate Where You Want To?

Authored by: Darren Rowles A forum selection clause is a contractual provision designating a certain state or court as the jurisdiction in which the parties will resolve disputes arising out of their contract.  These clauses are very common in the construction industry.  Just as common are agreements to arbitrate disputes arising out of the contract, which may also select where the dispute will be heard.  If, for example, a Georgia company enters into contracts to perform work outside of the state, it might still want its contract to include a provision indicating that all disputes relating to the contract are… Read more


Jun 14, 2013

Standard AIA Contract language may waive “Discovery Rule”

Authored by: Scott Cahalan and Darren Rowles In a recent decision styled Brisbane Lodging, L.P. v. Webcor Builders, Inc., the California Court of Appeals found that a contract clause providing that all causes of action relating to the contract work would accrue from the date of substantial completion of the project abrogated the delayed discovery rule, which would otherwise delay accrual of a cause of action for latent construction defects until the defects were, or could have been, discovered.   In July 1999, Brisbane and Webcor entered into a contract for the design and construction of a Radisson hotel.  The construction contract… Read more