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
Category: Arbitration
Court Holds Contractors Must Provide Sufficient Proof to Compel Association Claims to Arbitration
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
Top Tips for Attorneys Representing Clients in Arbitrations
Harold Himmelman | JAMS Planning and preparation are key components for any successful arbitration. Over the years, as a former litigator and current arbitrator, I have gleaned a number of lessons and tips that I believe will help any attorney who is representing a client in an arbitration. Below are my top tips. Vet and… Continue reading Top Tips for Attorneys Representing Clients in Arbitrations
Another Florida Insurer Adds Binding Arbitration Endorsement Amid Losses
William Rabb | Insurance Journal Heritage Property & Casualty Insurance Co. reported more losses for the first quarter of 2022 and a spike in its combined ratio. But company officials said Friday they are taking aggressive steps, including rate increases, policy changes and tightened underwriting requirements, to improve the Florida-domiciled company’s financial profile. The Friday… Continue reading Another Florida Insurer Adds Binding Arbitration Endorsement Amid Losses
Arbitration Clauses Should Work For You, Not Against You
Jihee Ahn | Harris Bricken Most people who are (luckily) not familiar with litigation believe alternative dispute resolution (or “ADR”) clauses in their contracts are essentially boilerplate language that’s recycled again and again in every contract. However, well-drafted ADR clauses can not only give you a huge advantage if an issue comes up, they may… Continue reading Arbitration Clauses Should Work For You, Not Against You