Jane Fox Lehman on Arbitration

Texas Court of Appeals Enforces Arbitration Agreement Provision Delegating Issues of Arbitrability to Arbitrator

Taylor Morrison of Tex. Inc. v. Caballero, No. 01-20-00800-CV, 2022 Tex. App. LEXIS 1870, 2022 WL 839429 (Mar. 22, 2022) - Gary and Kelley Caballero contracted to purchase a new home to be constructed by Taylor Woodrow...more

6/22/2022 / American Arbitration Association , Arbitration , Arbitration Agreements , Arbitrators , Construction Industry , Federal Arbitration Act

Although Texas Statute Expressly Allows An Immediate Interlocutory Appeal Of Any Decision Granting Or Denying A Motion To Dismiss...

SM Architects, PLLC v. AMX Veteran Specialty Servs., LLC, 2018 Tex. App. LEXIS 9203 (November 8, 2018) - AMX Veteran Specialty Services, LLC (“AMX”) filed a demand for arbitration alleging professional negligence against...more

1/3/2019 / Affidavits , Appeals , Arbitration , Arbitration Awards , Architects , Construction Litigation , Lack of Jurisdiction , Motion to Dismiss , Vacated

Arbitration By Estoppel: North Carolina Court Holds That Arbitration Clauses Bind Nonsignatories Who Seek To Enforce The Contracts...

Charlotte Student Hous. DST v. Choate Constr. Co., 2018 NCBC LEXIS 88 (N.C. Super. Ct. Aug. 24, 2018). This case arose from the construction of a student apartment complex known as Arcadia. The plaintiffs, Arcadia’s...more

10/26/2018 / Arbitration , Binding Arbitration , Breach of Warranty , Construction Disputes , Construction Litigation , Construction Project , Design Defects , Estoppel , Fraud , Mandatory Arbitration Clauses , Negligence , Non-Signatories , Real Estate Development

Do You Know Who Will Decide Whether Your Next Dispute Is Subject to Arbitration?

Courts determine whether a dispute is subject to arbitration, also known as questions of “arbitrability,” unless the parties agree to submit arbitrability disputes to the arbitrator. Originally published in AGC Law in...more

3/23/2018 / American Arbitration Association , Arbitration , Arbitration Agreements , Contract Drafting , Contract Terms , Federal Arbitration Act , UNCITRAL

Rhode Island Supreme Court Rules That Despite Deference Afforded Arbitrator, the Award Must Be Vacated Where Arbitrator’s Decision...

Nappa Constr. Mgmt., LLC v. Flynn, 2017 R.I. LEXIS 13 (R.I. Jan. 23, 2017) - Caroline and Vincent Flynn (the “Flynns”) contracted with Nappa Construction Management, LLC (“Nappa”) to construct an automobile repair...more

3/23/2017 / Arbitration , Arbitration Awards , Breach of Contract , Construction Contracts , Construction Industry , Construction Project , Contract Terms , Motion to Vacate , Non-Payment Clauses , Stop Work Orders

New Jersey Federal District Court Holds That Arbitration Clause In AIA A201-1997 Does Not Apply To Post Construction Disputes

Blackman & Co., Inc., v. GE Bus. Fin. Servs., Inc., 2016 U.S. Dist. LEXIS 87904 (D.N.J. July 7, 2016) - Grove Street Realty Urban Renewal, LLC (“Grove Street”) contracted with Blackman & Co., Inc. (“Blackman”) to manage...more

9/16/2016 / American Arbitration Association , Arbitration , Breach of Contract , Construction Contracts , Construction Defects , Construction Disputes , Construction Industry , Construction Project , Implied Warranties

Preventing Limitation of Liability End-Runs

Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and...more

7/29/2016 / Arbitration , Construction Contracts , Construction Disputes , Construction Industry , Construction Project , Contract Disputes , Contractors , Economic Loss Doctrine , Federal Arbitration Act , Fraud , Limitation of Liability Clause , Punitive Damages

Jane Fox Lehman

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