Incorporation by Reference and Arbitration Clauses

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Denial of a motion to compel arbitration was upheld because seller failed to attach terms and conditions which contained arbitration provision.  Incorporated documents must be attached or specifically identified to form part of the contract terms.  BGT Group, Inc. v. Tradewinds Engine Services, LLC, 2011 WL 2200800 (Fla. 4th DCA 2011).


Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278

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