20 results for 'cat:"Arbitration" AND cat:"Construction"'.
J. Abramson finds the county court improperly denied the home builder's motion to dismiss. The home purchaser filed suit, claiming the builder defaulted on the parties' contract to purchase land and build a home. The court failed to make a finding as to whether a valid arbitration agreement existed. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: March 27, 2024, Case #: CV-23-230, Categories: arbitration, construction, Contract
J. Wilson finds the lower court improperly denied an owner’s motion to compel arbitration. The owner of two construction projects had a contract with a general contractor to provide construction services for those projects. The contracts for both projects had arbitration provisions. While the arbitration agreements state only certain claims will be arbitrated, the terms clearly state that an arbitrator must make the determination if the claims are arbitrable. The matter is remanded to the lower court to determine if proceedings should be stayed on one project pending the arbitration of the other. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: March 14, 2024, Case #: 14-22-00641-CV, Categories: arbitration, construction, Contract
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J. Gaertner finds that the lower court improperly denied the construction contractor's motion to compel arbitration of a contract dispute with its concrete supplier. The parties' contract vests exclusive determination of arbitrability with the arbitrator and the Federal Arbitration Act preempts the Missouri Uniform Arbitration Act. Reversed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: February 27, 2024, Case #: ED111680, Categories: arbitration, construction, Contract
J. Poochigian finds that the trial court properly denied contractors' motions to compel the arbitration of an elderly homeowner's fraud, consumer warranty and unfair debt collection claims over a contract to install solar panels. Evidence from DocuSign showing the homeowner reviewed and signed the contract in just 38 seconds met the business records exception to the hearsay rule. Also, the contractors failed to show the homeowner's signature was valid as a matter of law, and, though sharp factual disputes meant the trial court should have held an evidentiary hearing, it was within its discretion to rely on recordings and undisputed declarations to deny arbitration. Affirmed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: February 26, 2024, Case #: F085918, Categories: arbitration, construction, Evidence
J. Brown denies requests by a general contractor and its surety to dismiss a subcontractor’s Miller Act claim totaling $1.1 million for work allegedly performed on a federal construction project in New Orleans on grounds the subcontractor’s claims are subject to arbitration. Citing Fifth Circuit precedent, the ruling rejects dismissal of the federal suit as both inimical to the law giving a subcontractor the right to sue a surety issuing a bond to a general contractor and as a hindrance to litigants from arbitrating their disputes. Therefore, the subcontractor’s federal Miller Act claims against the surety are stayed, pending arbitration of the subcontractor’s state law claims against the general contractor.
Court: USDC Eastern District of Louisiana , Judge: Brown, Filed On: December 1, 2023, Case #: 2:23cv2119, NOS: Miller Act - Contract, Categories: arbitration, construction, Contract
J. Horton, in this interlocutory appeal, finds the trial court improperly denied the homebuilder's motion to arbitrate the homeowner's claims of breach of implied warranty of workmanship. The homeowner purchased the home from the original owner who bought it from the builder, and did not sign the arbitration agreement. Under the doctrine of direct benefits estoppel, the agreement is valid and enforceable against the second owner. All claims against the builder fall withing the scope of arbitration. Reversed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: November 16, 2023, Case #: 09-21-00354-CV, Categories: arbitration, construction, Contract
J. Suddaby dismisses a subcontractor’s petition to compel arbitration against the project manager who oversaw the construction of a local hospital in Utica, New York. The complaint alleges the manager refused to compensate the subcontractor the uncontemplated costs incurred in erecting the hospital’s facade due to faulty control lines. The contract agreement between the two parties expressly states that any claims that arise in the course of their work are to be litigated in court.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: October 24, 2023, Case #: 6:22cv1318, NOS: Arbitration - Other Suits, Categories: arbitration, construction
J. Hoyle finds that the trial court improperly granted summary judgment to the construction consultant in this breach of contract suit brought against the plumbing contractor. The consultant says that the contractor did not properly request arbitration. Though the contractor could have demanded a waiver more promptly, this does not establish that it substantially invoked the judicial process to the extent required to demonstrate a waiver of arbitration. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: September 20, 2023, Case #: 12-23-00009-CV, Categories: arbitration, construction, Contract
J. Stegner finds that the trial court properly compelled arbitration of a construction contract dispute. The builder did not waive its right to arbitration by first engaging in discovery and discussions about mediation. The right to seek arbitration is a contractual right subject to traditional contract interpretation, and the builder expressly preserved its right to arbitrate throughout the dispute. Affirmed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: September 8, 2023, Case #: 49637, Categories: arbitration, construction, Contract
J. Clark finds the lower court properly denied the solar panel installation company's motion to vacate the arbitration award in favor of the developer. The company failed to provide the court with either a copy of the liquidated damages provision it claimed was unenforceable or a copy of the arbitration transcripts that would have revealed any abuse of discretion on the part of the arbitrator. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: August 25, 2023, Case #: AC45274, Categories: arbitration, construction, Evidence