Dispute Clause Interpretation in Prime and Subcontract Language

Subcontractor sought to litigate claims against a prime contractor instead of arbitrating them as called for by the disputes clause of the subcontract. It argued that the disputes clause of the incorporated by reference prime agreement specified litigation of claims....

Binding Arbitration Mandated by the Roof Shingles Wrapper

A homeowners’ class action lawsuit against a roofing-shingle manufacturer was subject to mandatory arbitration because the homeowners, through their roofers, had opened and used the shingles that were contained in wrappers that on their face clearly stated...

Why Getting the Wrong Result in Arbitration May Be What You Bought

By Ken A. Slavens, Esq. Arbitration is often seen as a way of getting a more predictable result in complex construction disputes. The subject matter expertise available with experienced arbitrators and the finality of the arbitration process itself are certainly...

Arbitration or Jury Trial- Which is the better choice for A/E’s?

By: Steve Whitehorn Whitehorn Financial Group, Inc One big question my architect and engineer clients ask me often : “When I sign a contract, is it better to choose arbitration or jury trial, in the event we need to resolve a dispute?” This is an important topic. It’s...

Why A/E Firms Should Opt to Litigate instead of Arbitrate

By: Terrence M. McShane, Esquire Lee & McShane, PC Among the critical clauses in design professional contracts are the Dispute Resolution Clauses. For over twenty years, we have advised our clients to opt for Litigation rather than Arbitration as a means of...