Once parties agree to arbitrate, courts generally defer to the arbitrator’s judgment regarding resolution of a dispute. The prevailing approach in many states is to not set aside an arbitration award unless the arbitrator clearly exceeded his or her authority and to exercise every reasonable assumption in favor of the validity of an award. The
Amandeep S. Kahlon
Aman Kahlon represents owners, general contractors, and subcontractors. His experience ranges over a wide variety of disputes. He advises clients on delay, interference, defective design, and negligence claims. Aman also devotes a significant portion of his practice to contract review, drafting and negotiation; contract and claims administration; and lien and bond law issues.
Additionally, Aman has substantial compliance experience in consumer financial services. He has assisted in the development of audit testing programs and foreclosure policies and procedures for several clients. He also regularly participates in the auditing and remediation of clients' foreclosure practices.
Notice Your Lien or Kiss it Goodbye
Like many states, Minnesota requires subcontractors and suppliers to send pre-lien notices to owners to perfect mechanic’s lien rights. Failure to comply with the pre-lien notice statute can prove fatal to a lien enforcement action as one masonry supplier recently learned. In Timberwall Land & Masonry Products, Inc., the Minnesota Court of Appeals affirmed…
Does Your Construction Contract Involve Interstate Commerce? If So, Expect Your Arbitration Agreement to Be Enforced
Whether an arbitration agreement is enforceable is a frequently litigated matter in construction disputes. Federal policy strongly favors arbitration. Typically, the Federal Arbitration Act (FAA) will preempt any contrary state law that might otherwise void an arbitration provision. On June 10, 2020, the South Carolina Court of Appeals reaffirmed this view when it overturned a…
Extra Work Claim Waived for Not Following Change Request Procedures
On May 29, 2020, in Constr. Drilling, Inc. v. Engineers Constr., Inc., the Vermont Supreme Court upheld a trial court’s judgment in favor of general contractor on an extra work payment dispute. The Supreme Court agreed with the trial court’s conclusion that the subcontractor had encountered a change in the work, but the subcontractor’s…
Don’t Forget to Certify Within Six Years: Recent Opinion Addresses Timeliness of Government Contractor’s Appeal
On May 19, 2020, the Federal Circuit upheld summary judgment against a government contractor for failure to file a claim timely within the six-year time limit prescribed by the Contract Disputes Act (CDA). In Electric Boat Corp. v. Secretary of the Navy, the Federal Circuit determined that the claim from the contractor, Electric Boat,…
Promises to Pay Sub-subcontractor may Expose General Contractor to Liability for Unjust Enrichment
On May 14, 2020, in James G. Davis Constr. Corp. v. FTJ, Inc., the Virginia Supreme Court upheld a judgment on an unjust enrichment claim in favor of FTJ, a drywall supplier on a condominium project, against Davis, the general contractor. Notably, FTJ did not have a purchase order with Davis, but FTJ was…
No Mechanic’s Lien Rights for Providers of Geotechnical and Construction Observation Services in Delaware
On May 15, 2020, in Geo-technology Associates Inc. v. Capital Station Dover, LLC, the Delaware Supreme Court dismissed an action to enforce a mechanic’s lien because the geotechnical and construction observation services provided by the plaintiff were not covered by Delaware’s mechanic’s lien statute. Per the court, mechanic’s lien rights are available in Delaware…
An Insurer’s Duty to Defend does not Extend to a Construction Claim that Falls Clearly Within a Policy Exclusion
Like most states, Florida follows the rule that an insurer’s duty to defend is separate from and broader than its duty to indemnify for a potentially covered occurrence. Last week, in South Winds Construction Corp. v. Preferred Contractors Insurance Company Risk Retention Group, LLC, a Florida appellate court addressed the extent of that duty…
In Georgia, Rely on an Affiliate’s or Individual’s General Contractor’s License at Your Own Peril
On May 5, 2020, the Georgia Court of Appeals affirmed a trial court summary judgment ruling dismissing a residential contractor’s claims against an owner because the contractor was not properly licensed. In LFR Investments, LLC v. Van Sant, after being terminated by the property owner, a homebuilder brought claims for breach of contract and…
Recent Court Order Excluding Expert Testimony Offers Useful Reminders and Lessons for Construction Litigants
Construction claims often feature supporting testimony from design and/or scheduling experts, and exclusion of that testimony either by disqualification of the expert or a finding that the testimony is otherwise inadmissible can prove fatal to your claim or defense. States may vary in their requirements for admissibility of expert evidence, but most states follow some…