Posts Tagged ‘David A. Sullivan’
AIA Contracts Are Especially Best Measured Twice and Cut Once
In fast-paced industries such as the construction industry, it is easy to assume that standardized form contracts provided by the American Institute of Architects (“AIA”) will prevent, rather than cause, problems further down the road. An effective construction contract will provide performance, timing standards and set forth effective remedies and risk allocation should issues arise.…
Read MoreNo Such Thing as Finders Keepers Among Attorney Referrals
Referral fees, or fee sharing, among attorneys have become so commonplace that it may be easy to forget about the headache that they can cause to attorneys and clients alike. Our focus today is on the potential consequences of unpermitted fee arrangements, also known as “finder’s fee” arrangements. These types of arrangements between attorneys are…
Read MoreMorgan v. Sundance, Inc., and its Implications Pertaining to Litigants and the Right to Arbitrate
The use of arbitration clauses and agreements is not infrequent, forcing federal and state courts to address the enforceability of such agreements on numerous grounds. Courts have created variants of federal procedural rules, specific to arbitration. Specifically, over the years, nine of the twelve circuit courts[1] have affirmed an arbitration-specific rule pertaining to waiver in…
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