Posts from September 2025.
Lesson Learned from a Forever Arbitration – Interest on Stipulated/Contingent Settlements

A recent opinion from the Fourth Circuit Court of Appeals[1] highlighted a seemingly minor issue that can have huge future consequences: how to determine pre- or post-award interest on amounts that depend on contingent events in arbitration proceedings. From 2007 to 2008, a series of disputes arose between ...

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Contingent Payment Clause Held Unenforceable due to Unfairness

Contingent payment clauses are often used in connection with contracts between general contractors and subcontractors or subcontractors and lower tiered subcontractors. Essentially, this type of clause provides that a general contractor does not owe a subcontractor unless the owner has paid the general ...

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