Parties to construction contracts sometimes will agree to onerous provisions, despite their inclination to object to them, with the thought of “how likely is that to occur?” Three recent court decisions highlight why parties...more
12/10/2025
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Contract Drafting ,
Contract Interpretation ,
Contract Terms ,
Dispute Resolution ,
Mechanics Lien ,
Risk Management ,
Statute of Limitations
It is a well-known general rule that a court cannot compel parties to arbitrate disputes that they have not agreed in writing to arbitrate. “Indeed, when a party resisting arbitration is not a signatory to an arbitration...more