Letter From the Editor

Welcome to the fall edition of our Under Construction newsletter. I trust you are enjoying the fall weather and colors.

We start with an article examining arbitration provisions in Colorado construction contracts designating the arbitral body such as the American Arbitration Association (“AAA”). This designation can have significant implications on the extent of judicial review and timing of judicial challenges to the arbitrator’s jurisdiction.

The next article reviews the Arizona’s Court of Appeal’s opinion in Zambrano v. M & RC II, LLC, holding that homebuilders cannot disclaim the implied warranty of workmanship and habitability.

We then turn to a Utah Supreme Court decision in Larry Boynton v. Kennecott Utah Copper, LLC, which held that premises operations owed a duty of care to prevent take-home exposure to asbestos dust not only to its employees, but also to independent contractors on the premises.

As we all know, the COVID-19 pandemic has seriously affected the construction industry. This next article examines its impact on construction cost escalation and delays to timelines of projects. This article may be helpful for anyone in the construction industry dealing with these issues (which is nearly everyone). The article discusses tactics to consider when dealing with cost escalation and/or delay.

Lastly, we dive into a National Labor Relations Board memorandum that increases financial risks for employers in NLRB cases, and all contractors should be aware of the possible impacts of this memorandum.

We hope you find these articles informative and enlightening. Please let us know if you want us to address a specific construction issue in a future newsletter. Be safe and keep your families, your employees and your projects safe. Hope we turn the corner and we all have a brighter outlook by the time of our next quarterly Under Construction newsletter.

Best Regards,
Jim Sienicki

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