Garret Murai | California Construction Law Blog Arbitration provisions are increasingly common in construction contracts. Indeed, the boilerplate AIA contract documents include a standard arbitration provision providing for arbitration before the American Arbitration Association (“AAA”) (Note: AAA isn’t the only arbitration provider, and I’ve often wondered why the AIA includes the AAA only. Some sort of… Continue reading Mind Those Deadlines! Party Loses Appeal of Arbitration Decision by Failing to Timely File a Petition to Vacate
Tag: Arbitration Provision
Be Strategic When Suing a Manufacturer Under a Warranty With an Arbitration Provision
David Adelstein | Florida Construction Legal Updates I’ve said this before, and I’ll say it again: arbitration is a creature of contract. If you don’t want to arbitrate, don’t agree to an arbitration provision as the means to resolve your dispute. Now, with that said, there are times you may not have a choice. An arbitration provision… Continue reading Be Strategic When Suing a Manufacturer Under a Warranty With an Arbitration Provision
What Parties Ought To Consider When Considering Arbitration Provisions
Zachary Davis | Ahead of Schedule When reviewing a proposed design or construction contract, the responding party will often do a cursory check to see whether the contract proposes arbitration or litigation for dispute resolution. So long as the proposed method generally aligns with that party’s preferences, it will not look further at the specifics… Continue reading What Parties Ought To Consider When Considering Arbitration Provisions
Drafting Arbitration Provisions: Tried & True Best Practices
Sarah Rawls | Butler Snow “An ounce of prevention is worth a pound of cure.” Benjamin Franklin’s statement has reverberated for centuries in a variety of circumstances, and has enjoyed widespread use among attorneys, in particular. This especially holds true for attorneys tasked with drafting agreements or provisions designed, in part, to provide information on… Continue reading Drafting Arbitration Provisions: Tried & True Best Practices
Illinois Appellate Court Invalidates Arbitration Provision in Owner-Contractor Construction Contract
W. Matthew Bryant | Saul Ewing Arnstein & Lehr A recent Illinois appellate decision warns that overbroad form arbitration agreements in construction contracts may be unenforceable. In Bain v. Airoom, LLC, 2022 IL App (1st) 211001, the First District Appellate Court unanimously reversed a lower court decision by finding a contractor’s form arbitration agreement unenforceable. A… Continue reading Illinois Appellate Court Invalidates Arbitration Provision in Owner-Contractor Construction Contract