Bari Builders, Inc. v. Hovstone Properties Florida, LLC, 2014 WL 3843070 (4D14-765, August 6, 2014)

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Court finds that the presence of an additional dispute resolution clause does not render an otherwise valid arbitration clause ambiguous if the two can be read in a complimentary fashion.  A condominium association sued the contractor for construction defects and the contractor brought a third-party complaint against its subcontractor.  Subcontractor moved to compel arbitration citing an unambiguous arbitration provision.  The trial court denied the motion because the subcontract also contained the following language: In all actions the parties waive the right to jury and agree to determination of all facts by the court. The appellate court reversed.  The two provisions could be read together to mean “that the parties agree to submit any ‘controversy or claim’ to arbitration and, thereafter, any award may be reduced to judgment in court without the right to a jury trial.  Additionally, in the event that the parties choose to waive their right to arbitrate, the clause provides that any ‘action’ in court will be in the form of a bench trial.”

From The Florida Bar: Construction Law Committee

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

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