Tag: Arbitration Provision

Court of Appeals Finds Arbitration Provision Incorporated by Reference Unenforceable

Garret Murai | California Construction Law Blog Subcontractors have gotten accustomed to incorporation clauses in their contracts. While an incorporation clause can incorporate any document, most typically, it’s the prime contract between the general contractor and the project owner. Subcontractors will sometimes even accept these documents sight unseen which can be a recipe for disaster.… Continue reading Court of Appeals Finds Arbitration Provision Incorporated by Reference Unenforceable

Arbitration Clauses – Could They Be Turned Against You?

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?

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