Construction Law Blog - Alternative Dispute Resolution (ADR)

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Posted By: Brett Hill | Jul 21, 2009 | Topics: Alternative Dispute Resolution (ADR) | View Article

Recent changes in American Arbitration Association Rules

This article summarizes the recent changes to the American Arbitration Association rules regarding the fee schedule, pending construction arbitration rule changes, and continuing concerns of the AAA.

Posted By: Brett Hill | Jul 21, 2009 | Topics: Alternative Dispute Resolution (ADR) | View Article

Fast facts regarding results in American Arbitration Association cases

Did You Know. . .

That 91% of 2007 American Arbitration Association (AAA) construction arbitration awards involving cases with only one claim were outside the mid-range of the parties' claims? This is similar to arbitral award trends in the past two decades, and debunks the myth that arbitrators "split the baby."

Posted By: Brett Hill | Oct 17, 2008 | Topics: Alternative Dispute Resolution (ADR) | View Article

Specificity is required in arbitration demands

In Westcott Homes, LLC v. Chamness, __ Wn. App.__, 192 P.3d. 394 (September 15, 2008), the Court of Appeals addressed the issue of whether a series of emails satisfied the statutory requirements for initiating an arbitration. The Court of Appeals held that they did not.

Posted By: Brett Hill | Apr 08, 2008 | Topics: Alternative Dispute Resolution (ADR), Damages | View Article

Court of Appeals reaffirms limited review of arbitration awards

The Division Two Court of Appeals denied an owner's request to modify an arbitration award entered in favor of a contractor.  The case demonstrates the limited review of an arbitration award that a court will perform. 

Posted By: Brett Hill | Feb 13, 2008 | Topics: Alternative Dispute Resolution (ADR) | View Article

Court of Appeals rules that one party cannot have unilateral right to select arbitrators

This week the Washington Court of Appeals ruled that arbitration clauses that provide only one party to the agreement the sole right to select the arbitrators are unenforceable.  The clause permitted one party to select arbitrators from its own affiliated entities.  Although the case arose out of a real estate brokerage contract the court's holding would apply to construction contracts with similar language as well.  Here is a link to the case. 

Posted By: Brett Hill | Jan 02, 2008 | Topics: Alternative Dispute Resolution (ADR) | View Article

State of WA D.O.C. v. Fluor Daniel, Inc.

The Division One Court of Appeals held that prejudgment interest on an arbitration award is not recoverable between when the arbitrator issues the award and when the final judgment is entered in Superior Court.

Posted By: Brett Hill | Jan 03, 2008 | Topics: Alternative Dispute Resolution (ADR) | View Article

Legislature Adopts Uniform Arbitration Act - Effective 1/1/06

This article provides a summary of the Uniform Arbitration Act that was enacted into law on January 1, 2006.