by Kent Holland | Nov 23, 2021 | Newsletter Article
A contract between a homeowner and contractor set forth dispute resolution procedures calling for any dispute to be submitted to an Independent Decision Maker within twenty-one days of the occurrence of the event giving rise to the claim. Receipt of an IDM decision...
by Kent Holland | Nov 8, 2021 | Newsletter Article
In an interesting case that went on for many years, a homeowner obtained judgment against an individual who claimed only his corporate entity should have been subject to arbitration. The primary reason this occurred is that the homeowner suit named as the defendant,...
by Kent Holland | Sep 25, 2020 | Newsletter Article
A design-builder brought an arbitration action against its engineering subconsultant after the expiration of the statute of limitations. The engineer filed suit to stay the arbitration – arguing that the issues in dispute (concerning pre-bid quantify estimates) arose...
by Kent Holland | Aug 2, 2019 | Newsletter Article
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....
by Kent Holland | Mar 26, 2019 | Newsletter Article
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...
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