Recent court decisions have signaled the courts’ proclivity to prefer arbitration over full-fledged litigation when provisions in construction contracts are called into question. While the courts recognize a party’s constitutional right to a jury trial, the courts also lean strongly towards resolving disputes via arbitration as a matter of public policy, especially if a construction contract carves out arbitration as an alternative to litigation. Continue reading
In Cumberland Insurance Group v. Delmarva Power d/b/a Delmarva Power & Light Company, 130 A. 3d 1183 (Md. App. 2016), the Court of Special Appeals of Maryland (the Court) addressed an issue of first impression: the appropriate spoliation sanction when the physical object that was destroyed is, itself, the subject of the litigation. The Court, finding that the plaintiff was at fault and that the destruction of the house at issue irreparably prejudiced the defendant’s ability to defend the case, held that the trial court did not abuse its discretion when it dismissed the plaintiff’s case as a spoliation sanction.