Andrew R. Zellers | Buckingham, Dooittle & Burroughs Clients, what is your cost of arbitration? What if your customers try to demand arbitration all at the same time? What if you had to pay the filing fees for that arbitration? Are you really saving money? Maybe traditional litigation or a class action suit is more… Continue reading Arbitration Clauses – Could They Be Turned Against You?
Tag: Arbitration Provision
Courts Generally Favor the Enforcement of Arbitration Provisions
David Adelstein | Florida Construction Legal Updates In recent posts (here and here) I have discussed arbitration provisions and cases dealing with the enforceability of arbitration provisions. The case of Lemos v. Sessa, 46 Fla.L.Weekly D701a (Fla. 3d DCA 2021) deals with two noteworthy principles when it comes to arbitration that warrant another post about arbitration provisions. First, courts will… Continue reading Courts Generally Favor the Enforcement of Arbitration Provisions
Clearly Determining in Contract Who Determines Arbitrability of Dispute
David Adelstein | Florida Construction Legal Updates As you know from prior postings: “Arbitration provisions are creatures of contract and must be construed ‘as a matter of contract interpretation.’ ” Fallang Family Limited Partnership v. Privcap Companies, LLC, 46 Fla.L.Weekly D639e (Fla. 4th DCA 2021) (citation omitted). Thus, if you prefer to arbitrate potential disputes, instead of litigating… Continue reading Clearly Determining in Contract Who Determines Arbitrability of Dispute
AIA Arbitration Provisions May Limit Recoverable Damages on Colorado Projects
Kelly Smith | Snell & Wilmer The American Institute of Architects (“AIA”) produces form contract documents widely used in the construction industry. Because of the prevalence of AIA contracts, many parties consider them to be standard and may not fully scrutinize the contract provisions or their future implications. This is especially problematic in Colorado where… Continue reading AIA Arbitration Provisions May Limit Recoverable Damages on Colorado Projects
You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement
David Adelstein | Florida Construction Legal Updates Regardless of the type of contract you are dealing with, “[a]rbitration provisions are contractual in nature, and therefore, construction of such provisions and the contracts in which they appear is a matter of contract interpretation.” Wiener v. Taylor Morrison Services, Inc., 44 Fla. L. Weekly D3012f (Fla. 1st DCA 2019).… Continue reading You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement