The Washington Supreme Court handed down a surprising and perhaps monumental holding on Thursday. In Broom v. Morgan Stanley DW, Inc., No. 82311-1 (7/22/10), the Court ruled that Washington statutes of limitations are not applicable to arbitration proceedings. The ruling perhaps creates an opening f[...]
Archive for the ‘Arbitration Agreements’ Category
July 26th, 2010 - 10:42 am § in Arbitration Agreements, Case Law, Construction News, Standard Provisions
WA Supreme Court: State Statutes of Limitation Do Not Apply in Arbitration
More on Waiving Arbitration and Using Your Contract to Prevent Arbitration Confusion
Yesterday I touched on a particular legal dilemma that regularly faces contractors. That precise dilemma is the statutory obligation to enforce a lien in court, while you have a contractual obligation to arbitrate your dispute. Today there is more to talk about. As I discussed in the prior article,[...]
Enforcing a Lien When You Have to Arbitrate
I read a post yesterday that conjured up the old arbitration v. lien enforcement battle. This is a battle that many a construction attorney has had to battle. What do you do when you have an obligation to arbitrate your dispute, but you have to enforce a lien as well? Here is the dilemma in a [...][...]
Washington Supreme Court to Look at Judicial Review of Arbitration Awards
The Washington Supreme Court granted review of a Division 1 ruling in Optimer Intl, Inc. v. RP Bellevue, LLC, No. 83807-1. This lawsuit is very young, but it presents a good opportunity for the high court to look at the applicability of the Uniform Arbitration Act (UAA). The principle questi[...]
Contract Claims Periods: What and How Washington Courts Will Enforce Your Clause
Yesterday, we discussed the importance of utilizing claims periods in your construction contracts. Claims periods control liability, limit your exposure to loss, and prevent legal actions from being initiated against you. Today, we explore exactly how those clauses might prevent litiga[...]
March 26th, 2010 - 12:57 pm § in ADR, Arbitration Agreements, Construction Liability, Construction News, Contracts, Forms, Liens & UCC
Construction News: WA Adheres to Strict Compliance with Arbitration and Liens & Update on Job Statistics
Scouring the news line today, I saw three things that caught my attention. One deals with the application of the arbitration statute in Washington state, another with the lien statute in Washington state and the final article with the Associated General Contractors of America’s (AGC) recent st[...]
