David Adelstein | Florida Construction Legal Updates It is not uncommon that a general contractor’s subcontract will include an arbitration provision. Or it will allow the general contractor to select binding arbitration as the method to resolve disputes at the general contractor’s SOLE OPTION. A general contractor’s subcontract should absolutely give the general contractor this important right. … Continue reading General Contractor Intervening to Compel Arbitration Per the Subcontract
Tag: Arbitration Provision
Disputes will not be Subject to Arbitration Provision if there is no “Significant Relationship”
David Adelstein | Florida Construction Legal Updates As you know from prior articles, arbitration is a creature of contract. This means if you want your disputes to be resolved by binding arbitration, as opposed to litigation, you want to make sure there is an arbitration provision in your contract. If there are certain types of disputes you… Continue reading Disputes will not be Subject to Arbitration Provision if there is no “Significant Relationship”
Arbitration Provisions in Colorado Construction Contracts: Implications on Challenges to an Arbitrator’s Jurisdiction
Kelly Smith | Snell & Wilmer Many construction contracts include provisions requiring the parties to arbitrate disputes relating to the contract or construction project rather than bringing their claims in a court of law. Often times, the arbitration provisions specify which arbitral body will decide the claims and which arbitration rules will govern. The American… Continue reading Arbitration Provisions in Colorado Construction Contracts: Implications on Challenges to an Arbitrator’s Jurisdiction
Parties To Construction Contracts Should Exercise Caution When Allowing An Arbitrator To Change Hats Between Mediator And Arbitrator
Christopher Massaro and Adam Sklar | Cole Schotz Dispute resolution provisions providing for mediation as a prerequisite to arbitration are standard in AIA construction contracts. Parties may nonetheless mutually agree to eliminate or waive those provisions and proceed directly to arbitration. Often, however, settlement discussions will ensue during the arbitration as costs begin to mount… Continue reading Parties To Construction Contracts Should Exercise Caution When Allowing An Arbitrator To Change Hats Between Mediator And Arbitrator
Court of Appeals Finds Arbitration Provision Incorporated by Reference Unenforceable
Garret Murai | California Construction Law Blog Subcontractors have gotten accustomed to incorporation clauses in their contracts. While an incorporation clause can incorporate any document, most typically, it’s the prime contract between the general contractor and the project owner. Subcontractors will sometimes even accept these documents sight unseen which can be a recipe for disaster.… Continue reading Court of Appeals Finds Arbitration Provision Incorporated by Reference Unenforceable