Arbitration

Arbitrator Did Not Exceed His Authority, as Party Submitted the Issue to Him

One of the very few grounds to vacate an arbitration award is if the arbitrator exceeded his/her authority under the arbitration clause or pertinent contract. The First Circuit Court of Appeal has reminded one party, though: if you submit the issue t… Read More
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Does the Court or Arbitrator Determine Arbitrability? Once Again . . .

Calling this a “mind-bending” question that is “the queen of all threshold issues,” the Third Circuit Court of Appeal has held that this question is for the courts to decide, “unless the parties have clearly and unmistakably referred those… Read More
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A Condition Precedent is a Condition Precedent

Owner and contractor modified the A201 General Conditions to state that a decision by the Initial Decision Maker (presumably the architect) is a condition precedent to arbitration. When the contractor pursued arbitration against the owner for $919,85… Read More
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Enforceable Discovery in U.S. for Foreign “Tribunal” Does Not Include Private Arbitration

Federal law allows a party to seek discovery within the United States in aid of a “foreign or international tribunal.” Does ‘tribunal” mean or include a private arbitration proceeding? That was the issue recently reviewed and decided by a fed… Read More
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Agreement to Arbitrate Assignable, but Subject to Statute of Limitations

Construction of an apartment building was completed in 2005, under a contract with an arbitration clause. The building was sold in 2015, and the seller assigned its rights under the construction contract to the buyer. In 2018, one or more balconies o… Read More
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Is This a Forum Selection Clause, or Not?

Forum selection clauses have become commonplace in construction contracts. Most general contractors take steps to ensure that they can bring their subs into the same forum as the owner, should there be an owner dispute that involves the sub’s work.… Read More
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Payment Bond Surety Cannot Compel Subcontractor to Arbitrate

A Maryland federal court judge has reminded a payment bond surety that it cannot compel arbitration with the subcontractor making a claim under the bond. Baltimore Steel Erectors filed suit against Hanover, the payment bond surety for ARGO Systems on… Read More
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Expedited Arbitration Upheld on New York Prompt Pay Law

The New York prompt pay act (PPA) calls for expedited arbitration. A federal court has confirmed that the parties must proceed to arbitration under the PPA even when their contract does not call for arbitration. The federal court, referring to the NY… Read More
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Tough Mudder Approach to Arbitration Upheld

People who want to register for a Tough Mudder obstacle course event must acknowledge assent to terms and conditions, which include a mediation and arbitration clause. But what happens if the event is moved at the last minute from Massachusetts to Ma… Read More
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Scope of Arbitration – Winning the Battle and Losing the War

Be careful what you ask for. A lower-tier sub sued the first-tier sub, claiming payment issues arose in part from racial discrimination. In the face of the first-tier sub’s motion to compel arbitration, the lower tier argued that the claim of race… Read More
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About Stan Martin

Stanley A. Martin's Profile Image
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. Over the course of his career, he has served on boards and committees for organizations including the Associated General Contractors of Massachusetts, the Boston Society of Architects, and the Massachusetts Building Congress.

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