arbitration Archive

Appeals Court Finds Arbitration Was Not Waived

Often, parties to a dispute will disagree on whether the matter should go to court or arbitration. Sometimes the party that prefers court will file suit first and the other party wanting arbitration must decide what to do. The party preferring arbitration cannot ignore the lawsuit, but also must be careful not to waive its […]

Why Arbitration Matters More Than Ever

Arbitration has long been a staple for resolving construction disputes, ideally in a prompt and cost-effective manner by arbitrators familiar with the construction industry. For decades, the AIA documents required arbitration, but more recently the parties are given an option to “check the box” for arbitration or litigation. Some in the construction industry have become […]

Legal New Year’s Resolutions for 2021

Most of us are only too eager to see 2020 come to an end, even if it has been a pretty good economic year for the construction industry. Here are some 2021 New Year’s Resolutions to help you start the year off right. 1. Talk to your bonding agent about removing any personal liability from […]

Unilateral Arbitration Agreements Pose Risks

It is increasingly common to encounter dispute resolution provisions that allow one party the right to unilaterally select arbitration or litigation after the dispute develops. These “unilateral arbitration” clauses are criticized by some as being unfair because they allow one party – usually the upstream party – to shop for a favorable venue once the […]

One-Sided Arbitration Clause: Contractor’s Right to Unilaterally Choose Arbitration Upheld

Subcontractors are often asked to sign a subcontract giving the general contractor the right to, in its sole discretion, choose arbitration or litigation to resolve subcontract disputes. Many view these clauses as unfair, and whether such clauses are even enforceable is not settled, which means that state and federal courts across the country have come […]