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6 Jun, 2019

Bargaining for an Arbitrator’s Decision–Know what you are getting

2019-06-04T13:48:37-05:00June 6th, 2019|Arbitration, Construction Contractor Advisor, Limitation of Liability|

Construction contracts have often included arbitration clauses and they can serve a good purpose of expediting resolution. But, what happens if the arbitrator gets it wrong? Your options are limited, and as one court stated: the parties bargained for an arbitrator’s decision; if the arbitrator got it wrong, then that was part of the bargain A recent case out of the Eight Circuit Court of Appeals (covering Arkansas, Iowa, Minnesota, [...]

9 Nov, 2015

Arbitration Clauses—Where will you be arbitrating?

2018-04-23T23:55:09-05:00November 9th, 2015|Arbitration, Construction Contractor Advisor|

  I had the pleasure of speaking at the National Association of the Remodeling Industry (NARI) Education Day earlier this month. During my presentation, “The Myth of the One Year Warranty”, we discussed the impact of arbitration clauses in construction contracts and who should act as arbitrator. While the American Arbitration Association is certainly a popular forum, there are others.  For example, the New York Times recently wrote about a hardwood [...]

16 Oct, 2014

Arbitration—No Opportunity for Appeal

2018-04-23T23:55:12-05:00October 16th, 2014|Arbitration, Construction Contractor Advisor|

Last week I presented to the Great Plains Chapter of the American Society of Professional Estimators on arbitration and litigation. Some of the questions related to the difficulty of appealing an arbitrator’s decision. A Florida appellate court recently confirmed this difficulty. In Village at Dolphin Commerce Center, LLC v. Construction Service Solutions, LLC, a contractor filed an arbitration claim against the owner to get paid for its work. The owner [...]