Jason S. Lambert | Dinsmore Arbitration provisions are becoming more common in construction contracts, but a recent court decision reveals that enforcing these provisions requires more than just placing them in a contract. Contractors, especially those seeking to arbitrate claims involving multiple property owners or an entire homeowner or condominium association, must sufficiently establish that… Continue reading Court Holds Contractors Must Provide Sufficient Proof to Compel Association Claims to Arbitration
Tag: Arbitration Provision
General Contractor Intervening to Compel Arbitration Per the Subcontract
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
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