Stephen M. Tye and Lawrence S. Zucker II | Haight Brown & Bonesteel In Cabatit v Sunnova Energy Corporation, the Third Appellate District held that an arbitration clause in a solar power lease agreement was unenforceable because it was procedurally and substantively unconscionable. In Cabatit, Mr. and Ms. Cabitat entered into a solar power lease agreement (the… Continue reading Arbitration Denied: Third Appellate District Holds Arbitration Clause Procedurally and Substantively Unconscionable
Tag: Arbitration Clause
Contractor Loses Effort to Bind Remote Home Purchaser to Arbitration Clause
Jon Paul Hoelscher and Amendeep S. Kahlon | Buildsmart On December 8, 2020, in Taylor Morrison of Texas, Inc. v. Kohlmeyer, a Texas Court of Appeals rejected a contractor’s appeal of a trial court order denying the contractor’s motion to compel arbitration in a home construction defect dispute. The appellate court concluded that the theories of… Continue reading Contractor Loses Effort to Bind Remote Home Purchaser to Arbitration Clause
Subrogation Claims And Arbitration Clauses In Construction Contracts
David H. Fisk | Kane Russell Coleman Logan In Texas, while an insurer can assert a subrogation claim independently of its insured, the insurer still stands in the shoes of its insured, meaning the insurer’s claims are limited to those the insured could bring and are subject to the same defenses. A common defense when… Continue reading Subrogation Claims And Arbitration Clauses In Construction Contracts
Questions To Ask When Changing Your Arbitration Clause
Jay Ramsey and Abby Meyer | Class Action Defense Strategy Blog In a prior post (here), we highlighted some questions that companies may want to ask when evaluating whether their arbitration clauses are enforceable. If changes need to be made to those clauses, then companies should consider how to implement those changes so as to… Continue reading Questions To Ask When Changing Your Arbitration Clause
Does Your Construction Contract Involve Interstate Commerce? If So, Expect Your Arbitration Agreement to Be Enforced
Jim Archibald, Ryan L. Beaver & Amandeep S. Kahlon | Buildsmart Whether an arbitration agreement is enforceable is a frequently litigated matter in construction disputes. Federal policy strongly favors arbitration. Typically, the Federal Arbitration Act (FAA) will preempt any contrary state law that might otherwise void an arbitration provision. On June 10, 2020, the South… Continue reading Does Your Construction Contract Involve Interstate Commerce? If So, Expect Your Arbitration Agreement to Be Enforced