Indiana, like other states, has a strong policy favoring arbitration agreements, and Indiana courts construe arbitration clauses broadly to make matters abitrable so long as they reasonably fit within the language of the...more
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...more
12/18/2020
/ Appeals ,
Appellate Courts ,
Arbitration ,
Construction Defects ,
Construction Industry ,
Contract Terms ,
Contractors ,
Estoppel ,
Homeowners ,
Motion to Compel ,
Purchase Agreement
On June 24, 2020, in Sayers Constr., LLC v. Timberline Constr., Inc., et al., a Florida District Court of Appeal affirmed a trial court’s denial of a contractor’s motion to dismiss. The contractor moved to dismiss for lack of...more
7/29/2020
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Arbitration Awards ,
Attorney's Fees ,
Construction Contracts ,
Construction Industry ,
Contractors ,
Dispute Resolution ,
Personal Jurisdiction ,
Subcontractors
Once parties agree to arbitrate, courts generally defer to the arbitrator’s judgment regarding resolution of a dispute. The prevailing approach in many states is to not set aside an arbitration award unless the arbitrator...more
The Florida Arbitration Code addresses the confirmation, vacation, modification or correction, and appeal of arbitration awards in Florida. In September, a Florida District Court of Appeal addressed whether parties may expand...more
11/27/2018
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Judicial Review ,
Mandatory Arbitration Clauses ,
Remand ,
Subcontractors ,
Unenforceable Contract Terms ,
Vacated ,
Void Contracts
An issue that repeatedly comes up in construction disputes is the scope of an arbitration agreement. Courts generally interpret agreements to arbitrate broadly, and, where the arbitrability of a specific claim has been at...more
9/21/2017
/ Arbitration ,
Arbitration Agreements ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Contract Disputes ,
Contract Interpretation ,
Energy Sector ,
Federal Contractors ,
Liberty Mutual Insurance Company ,
Performance Bonds
Mandatory arbitration clauses have become commonplace in construction contracts. Various groups have formulated generic arbitration language to insert into disputes clauses of contracts. A good example of such language comes...more