Arbitration

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

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

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

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

A twisted set of underlying facts did not detract from the core of an appellate court decision: even if one party to a contract with an arbitration clause was not part of a lawsuit, agents and closely-related persons/entities could compel arbitration… Read More

An injured automobile owner pursued claims against the driver who caused the accident, while her own carrier, whose policy could be implicated by the underinsurance of the driver at fault, waited on the sidelines. After reaching an end result with th… Read More

Homeowners who claimed not to have read the contract nonetheless signed a 10-page form with two critical items: (1) a check box indicating arbitration and not litigation for dispute resolution, and (2) incorporation by reference of general conditions… Read More

This should not come as a surprise to any experienced construction attorney, that a New Jersey appellate court has held the AIA form dispute election terms to represent a proper waiver of the right to a jury trial. The project was to build a new home… Read More