Alexander Thrasher | Bradley A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not defeat the Federal Arbitration Act’s (FAA) deference to arbitration as the forum for determining whether a contract… Continue reading Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision
Tag: arbitration
In Review: Resolving Project and Construction Disputes in USA
Henry Scott, Karen B Wong and Miguel Duran | Milbank All questions Dispute resolution In US project finance transactions, the historical preference of lenders is to have the financing documents governed by the law of New York State and to require borrowers and other counterparties to financing documents to consent to the jurisdiction of the… Continue reading In Review: Resolving Project and Construction Disputes in USA
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
Should You Use the DRB or Go Straight to Arbitration?
Laura Brazil and Anthony Labib | Forum on Construction Law Dispute Resolution Boards (“DRBs”) continue to grow in popularity, particularly for major infrastructure projects. As such, we can expect that construction lawyers will increasingly be advising clients on whether to send a dispute to the DRB or go directly to arbitration. In this post, we… Continue reading Should You Use the DRB or Go Straight to Arbitration?
Waiving the Right to Arbitrate Under Federal Law
David Adelstein | Florida Construction Legal Updates If there is an arbitration provision in your contract that you want to enforce, you do not want to take action inconsistent with those rights as this could give rise to a waiver argument, i.e., that you waived your rights to arbitrate, particularly if the other party has been prejudiced. Under… Continue reading Waiving the Right to Arbitrate Under Federal Law