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« Cost Estimating in BIM: The Fifth Dimension | Main | Tremendous Interest Reported for Upcoming High-Performance Building Standard »

11/18/2009

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Interesting issues. Can you provide the case names or legal citations for the cases you mention?

Can you provide the Legal Brief for the retainage case? Thanks,

The arbitration has steered off course as to its intentions. First of all being a pennsylvanian I recently found out that the arbitration cases are controled from Rohde Island. The arbitration is supposed to be held within 90 days ,it took us 240 days and another 60 days to get a decision. The Pa. prompt payment act of Pa. has been over ridden by a state procurment act as to eliminate the mandatory 1% penalty and 1% interest fees against any go'vt agency (double standard). We were alloted 7% interest for 2008 and 5% for 2009
There seemed to be no proceedure in the case as we found no co-operation from the opossing counsel to start the testimonie earlier than 9:30 because he had to take his kid to day care and wouldn't work any latter than 4:30 because he had a dinner appointment. My counsel delayed the case after the 1st 3 days to take a cruse. The arbitrator had a previous commitment to teach a college class. Once we resumed our case in Sept. their 1st wittness didn't complete his testimonie at the end of the day and when he was asked to return he stated he was going on vacation.
yes we finally won 85% of our change orders and contract balance but our attorney took 30% of the funds $65,000 only to leave us short changed (with a $28,000 balance).
The Gov't agency that we contracted a $352,000 project which we incurred $120,000 in change orders only paid us $230,000 prior to court. the arbitrator awarded us another $236,000 but we ask for $653,000
to cover interest $56,000 , attorney fees $100,000 not to mention our loss of time we put in . The arbitration fees were due on the spot or arbitration would be held off (arbitration fees $18,000 )
This arbitration has gone aray.

CONSTRUCTION ARBITRATION IS A FINE
WAY OF PROVIDING A REMEDY FOR ON-GOING CONFLICTS. AFTER HUNDREDS OF CONSTRUCTION ARBITRATIONS, IT IS MY SUGGESTION TO FIND A ARBITRATOR
WHO HAS CONSTRUCTION EXPERIENCE AND HAS BEEN THROUGH THE SYSTEM. NOT A RETIRED JUDGE WITH NO SPECIFIC CONSTRUCTION BACKGROUND TRYING TO ONLY APPLY "THE LAW".

There was a request for the case citations for the referenced arbitration cases.

Herring-Malbis, LLC v. TEMCO, Inc.
Court of Civil Appeals of Alabama
No. 2080296 (October 30, 2009)

Koors v. Steffen
Court of Appeals of Indiana
No. 57A03-0904-CV-167 (November 6, 2009)

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