Prejudice

Waiver of Arbitration Right Does Not Require Prejudice

The U.S. Supreme Court, in a unanimous decision, has held that waiver of the right to arbitrate should not be based on prejudice to or detrimental reliance by the party opposing arbitration. This will significantly affect the ability of a party to co… Read More
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Timely and Untimely Notice of Claims – What’s the Difference?

New York passed a law on June 18, 2016, affecting the right of a public authority to bar a claim due to untimely notice. Richard Dyer of Duane Morris has written a summary. The law appears intended to address the situation where contractors have lost… Read More
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Contractor Claim Not Dismissed under Contract Disputes Act for Failure of Timely Notice

Almost two years into a multi-year design-build contract, the government questioned the basis of design of the piles for a ship repair wharf. The contractor stopped work while the design issue was resolved with the government. The work stoppage led t… Read More
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